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(영문) 제주지방법원 2020.02.13 2019고단2558
교통사고처리특례법위반(치상)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a sea diversified cargo vehicle B.

On November 11, 2019, the Defendant driven an above cargo vehicle on November 14:25, 2019, and led to the flow of the three intersections from the west to the west-do Dondon-ri Don-ri.

In this case, a person engaged in driving a motor vehicle has a duty of care to enter the intersection by reducing speed and giving signals to the front side, while maintaining the lane.

Nevertheless, the Defendant neglected to perform the above duty of care and continued to pass through the intersection due to the negligence of entering the intersection while the electric signal is red, and received the front portion of the victim C(Y 67 years old) driving through the intersection as the truck lane of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as double pelkes, which requires approximately six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, an accident site photograph, a traffic accident report, a fire-proof report (limited to image of a black vehicle), a related video CD, a related image CD, a visual closure range, a signal cycle tag, a signal frequency tag, an investigation report (limited to personal damage of a suspect C), a diagnosis report, and a criminal investigation report (related to the investigation of a suspect C suspect), and reports on the occurrence of a traffic accident;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution) is that the instant crime committed in violation of a signal and resulting in a traffic accident and resulting in the victim’s bodily injury, such as double frames requiring medical treatment for about six weeks, and the nature of the relevant crime is not weak, and the degree of the victim’s injury is relatively heavy, and the victim’s two frameworks are cut down.

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