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(영문) 제주지방법원 2018.10.26 2018고단730
교통사고처리특례법위반(치상)
Text

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

However, 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 rocketing individual taxi driving service.

On April 1, 2018, the Defendant driving the above vehicle at around 10:55, and driving the said vehicle at the Jeju city, and driving the 30 new road in the vicinity of the two east-ri, in accordance with the one-lane of the two-lanes from the ancient-ri bank.

Since there is a crossing where signal lights and crosswalks are installed, there was a duty of care to prevent accidents by safely proceeding in accordance with the front line with the person engaged in driving service.

Nevertheless, when the Defendant was negligent in entering an intersection of a red signal in violation of the signal due to driving on the roadside, and the Defendant was in the front part of the Defendant’s vehicle with the body of the victim C (Woo, 31 years old) facing pedestrian signals at the right side of the direction of the Defendant’s running.

Defendant 1 suffered approximately four weeks of medical care due to the above occupational negligence from the victim, she was suffering from the body felball of the patient suffering from the patient.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on the actual condition of the accident, a report on the scene of an accident, and a photograph by capturing a black stuff image;

1. A medical certificate;

1. Application of Acts and subordinate statutes to traffic accident-related statements prepared by C;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection, community service order, and order to attend lectures;

1. Where illegality in the scope of the recommended punishment according to the sentencing guidelines is serious among the categories of general traffic accidents in the aggravated area (from August to two years) (excluding the case of a special aggravated person) (excluding subparagraph 8) of Article 3 (2) (proviso) of the Act on Special Cases to the class of traffic accidents in accordance with the sentencing guidelines;

2. The defendant's negligence is serious in that the defendant's defendant's fault, while driving a taxi at a low time, was shocked by the victim of the crosswalk in the pedestrian signals.

The degree of injury of the victim is not easy.

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