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(영문) 제주지방법원 2017.10.18 2017고단1492
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 tea.

On April 5, 2017, the Defendant driven the said car at around 14:50, while driving it at around 12:50, the Defendant proceeded at the speed of about 50km from the west to the west 50km.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely according to traffic signals to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected this and neglected to change the signal to a stop signal, but instead neglected it and proceeded as it was due to occupational negligence, received the victim D (59 years old) who was running from the left side of the car driven by the Defendant to the right side of the E truck drivened by the victim D (59 years old) in front of the right side of the car driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., an injury to the victim, such as blood transfusion, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. A general medical certificate (D);

1. Application of Acts and subordinate statutes on traffic accident agreements;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. The community service order under Article 62-2 of the Criminal Act;

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