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(영문) 제주지방법원 2019.09.26 2019고단1432

교통사고처리특례법위반(치사)등

Text

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

except that 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 driving a freezing B 3 freezing truck.

around 14:05 on March 30, 2019, the Defendant driven the foregoing cargo vehicle at C in front of the Jeju-si, leading to the D industry company from the frith of the Pari Eup's Sari-si located in the Pari-Eup in the Jeju-do.

In this case, the location was a hub path with a central line, and there was a duty of care to prevent accidents in advance by reducing speed and accurately manipulating steering and brakes.

Nevertheless, the Defendant neglected to perform the above duty of care and proceeded along the opposite lane due to the negligence of breaking the center line by the Defendant’s failure, and was in front of the left side of the Fpoter Cargo in the victim E(54 years old) driving.

Ultimately, the Defendant, by negligence in the course of performing such duties, suffered injury to the victim G (V, 49 years old) who was on the same day on the same day on the same day on the same day as above, such as the closure or duplicating of the bones, which requires six weeks’ treatment, and injury to the victim H(22 years old), such as salt, tension, etc. in need of two weeks’ treatment, and affixed a seal thereon.

31. 31. 23:07, the victim E caused the death of the victim E due to the wide range of large gone damage during treatment at the emergency room of an I Hospital and the prolonged transfer by excessive blood transfusion.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the Acts and subordinate statutes for a month of the occurrence of a traffic accident, the report on the situation of the accident, the penology, the accident site photograph, the actual condition survey report (1) (2), the photo of the accident site, the death diagnosis report, the photo of the deceased, the photo of the deceased, the fire-proof report (1) of the fire-proof vehicle image), the photograph of the blackbbbbox image photograph, the examination report, the notification of the results of the traffic accident analysis, each diagnosis document, the accident

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts; Article 268 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;