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(영문) 제주지방법원 2013.10.18 2013고단723
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On April 15, 2013, at around 16:00, the Defendant driven a motor vehicle from Churburged on the front side of the Defendant, and driven the four-lane road in front of the three-lane of the Jeju International Airport Passenger Airport Airport No. 3, which is located in the two-lane B at Jeju. On that ground, there was a crosswalk where a vehicle or a pedestrian signal apparatus was installed, and thus, the Defendant was negligent in failing to comply with the duty of care to confirm whether there was a pedestrian and to proceed under the new name and to proceed with the signal while neglecting the duty of care to proceed under the new name. On the left side of the direction of the Defendant’s course, the Defendant shocked the victim D (at 49 years old) who passed the said crosswalk into the front side of the Defendant’s vehicle, followed the victim’s body parts with the wheels and sustained the victim’s body part with the wheels, thereby causing injury, such as a pelbus dub, etc. requiring treatment for about four months.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to practical survey reports, field photographs, diagnosis reports, and investigation reports (fluor video files);

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and Selection of Punishment: Article 3 (1), the proviso of Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Suspension of execution: The sentence shall be determined as ordered in consideration of all of the following conditions in the sentencing guidelines for the reasons for sentencing under Article 62(1) of the Criminal Act (the sentencing conditions under Article 51 of the Criminal Act, such as the statement in the reasons for sentencing), [the transport crime group, general traffic accidents, types 1, basic areas (where special mitigation is concerned: serious efforts to recover from damage; 2 or more kinds of special mitigations are concerned with heavy illegality in the proviso of Article 3(2) of the Special Education Act; 4 months without prison labor - 10 months] and the standards for suspension of execution and the following circumstances. The sentence shall be determined in accordance with the order. The favorable normal circumstances are recognized as facts of crime and reflects: deposit of KRW 10 million for the victim; deposit of KRW 10 million for the victim; the injury suffered by the victim is serious and the economic loss is incurred.

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