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(영문) 제주지방법원 2016.10.14 2016고단1014
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 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 the operation of the HG car.

At around 12:00 on January 2, 2016, the Defendant was driving the said car and was subsequently parked in front of the E-cafeteria located in Incheon Southern-gu.

When driving a sidewalk installed for pedestrians' traffic at the time, the defendant did not discover the victim F (78 years old) who followed the defendant's vehicle behind the driver's vehicle and did not find the victim F (78 years old) due to the defendant's negligence that did not properly see the next week, and made the victim go beyond the victim's report by shocking the victim's dead part of the driver's vehicle.

As a result, the Defendant suffered injury to the victim by negligence in the above business, such as a scarcity, which requires about 10 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning G and F;

1. A statement prepared by the F;

1. Recording records;

1. A traffic accident report;

1. On-site photographs, ctv course photographs;

1. Ctv video;

1. A medical certificate;

1. Application of the Acts and subordinate statutes of the Incheon Metropolitan Government Ordinance on fact-finding;

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 Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. Order to provide community service: Determination on the issues under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. - Whether it falls under the proviso of Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents (violation of news reports or violation of method of crossing

1. The Defendant asserted that the location of the instant traffic accident occurred is not the sidewalk, but the E-cafeteria parking lot, and partly denied the charges.

2. Determination

A. First, the current situation surrounding the place where the instant traffic accident occurred, recognized by the foregoing evidence.

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