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(영문) 제주지방법원 2014.04.16 2014고단144
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 BM5 car.

On November 27, 2013, the defendant operated the above car on the 22:45 on November 27, 2013, and proceeded to turn to the left at an unsatisfy speed from the middle-satisfy area of the No. 133 to the middle-satisfy area of the No. 1334, the middle-satisfy area.

Since there are crosswalks without signal apparatus at the front right side immediately after the Defendant’s left-hand turn turn, the Defendant, who is engaged in driving a motor vehicle, has a duty of care to safely drive the motor vehicle by safely checking the front right and the right and the right and the right and the right and the right of the motor vehicle, thereby preventing accidents.

Nevertheless, due to the negligence of neglecting this, the defendant neglected to proceed on the right side of the defendant's moving direction, and received the right-hand knee side, etc. of the victim C (ma, 34 years of age) who has dried the above crosswalk from the right side of the defendant's moving direction.

As a result, the Defendant suffered injury to the victim, such as the right slotr, which requires treatment for about eight weeks by negligence in the above business.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the decision on the types of punishment) of the Act on the Suspension of Execution: The basic area [the decision on the recommended area] the injury of traffic accidents caused by ordinary traffic accidents; April to October; and

2. Considering the fact that the sentence has been determined and reflects the fact of the crime, the first offender who has not been tried, etc., given the favorable circumstances, the victim wishes to punish the defendant, the degree of the victim's injury, the circumstances at the time of the accident, and the circumstances of the accident;

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