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(영문) 제주지방법원 2013.09.26 2013고단1019
교통사고처리특례법위반
Text

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

However, the execution of the above punishment is suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 3, 2013, 10:25, the Defendant was driving a C SP car from the right side to the 4-distance of SPP from the west, the front of the Dongyang Marart, which is located in the 3rd City/Do 1, 3013.

At all times, crosswalks are installed on the front direction of the defendant's driving, so the defendant engaged in driving of the motor vehicle has a duty of care to accurately operate the steering direction and the brake system by examining whether there is a pedestrian or not.

Nevertheless, the defendant neglected this and proceeded as it is, and the victim D (the age of 50) who is a pedestrian crossing the road according to the crosswalk from the right side of the defendant's proceeding to the left side was shocked by the front part of the defendant's vehicle.

As a result, the defendant suffered injury, such as the malute of the side part within the right slot line, which requires treatment between approximately eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the actual survey report and the general medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1448, Apr. 1, 2006);

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

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