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(영문) 제주지방법원 2015.08.11 2015고단283
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

On January 30, 2015, the Defendant driven a rocketing cargo vehicle around 17:25, and led to the passage of the Ethical distance from the west-ri side to the grastal distance.

At the same time, there are crosswalks at the front of the road, so there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a road to reduce speed and to see the front door well, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and continued to stop on the left side of the front bank by his negligence, and thereby, the Victim F, who was standing on the right side of the front bank, was the above cargo lane.

Ultimately, the Defendant suffered approximately 12 weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. The actual condition survey report;

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

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment: Article 3 (1) and the proviso to (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, the

1. Suspension of execution: The reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act, such as the statement of the reasons for sentencing), are as follows, taking into account all the sentencing criteria and other circumstances into account:

[Attachment Criteria for General Traffic Accidents in Type 1 (Bodily Injury resulting from Traffic Accidents): Violation of duty of care, such as violation of duty of protection of pedestrians in the crosswalks, in a case where there is a serious injury (including a serious effort to recover damage / a person under ordinary mitigation : the circumstances in which the serious injury occurred: criminal facts are recognized and reflected; there is no criminal record in the same kind of crime; medical expenses have been paid due to the purchase of insurance; and the victim has not want to be punished.

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