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(영문) 제주지방법원 2020.01.22 2019고단2230
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Broscom.

On September 26, 2019, the Defendant driven a knick on September 26, 2019, while driving the knick, which is located in 117 in Jeju, from C to D apartment.

At the same time, the Defendant’s vehicle driving direction signal at the intersection was a red flickering light. In such a case, the driver of the vehicle has a duty of care to start the vehicle and operate the vehicle safely after starting the vehicle with the driver’s duty of care, by temporarily stopping the vehicle in front of the intersection and stopping it at the intersection.

Nevertheless, the defendant temporarily stops in front of the intersection while a red flickering light has been placed in a signal apparatus and proceeds without saving another vehicle, and the victim E (the age of 28) who proceeds directly from the left side of the vehicle is driving on the right side of the vehicle, which led to a shock on the left side of the vehicle by the driver E (the age of 28).

As a result, the Defendant suffered injury to the victim E, such as the right franites, etc., requiring approximately 10 weeks of treatment from the occupational negligence as above, and the victim G (V, 24 years of age) of the victim of the victimized vehicle, for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The degree of injury of the victim E for the reason of sentencing under Article 62(1) of the Criminal Act is significant, while the defendant is against the victim and agreed smoothly with the victims, the defendant's age, character and conduct, family relationship, environment, and crime.

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