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(영문) 제주지방법원 2019.07.19 2019고단356

교통사고처리특례법위반(치사)

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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

On November 14:31, 2018, the Defendant was driving a CFD car at the first lane of the third intersection of the B apartment distance in front of the B apartment at Jeju, and was waiting to turn to the left at the E-care center from the seat of the D Elementary School.

Since there is a three-distance intersection where signal lights are installed, there was a duty of care to safely drive a motor vehicle according to the signals instructed by signal apparatus by reducing speed and checking the right and the right of the motor vehicle driver.

Nevertheless, the Defendant neglected this and caused the death of the victim F (the 75-year-old) driving of the G-wheeled Vehicle, which was proceeding at the lower slope of D elementary school due to the negligence of failing to make a left-hand turn in violation of the signal, by taking the full part of the G-wheeled Vehicle on the left-hand side of the said vehicle, and caused the victim to die due to damage to the return-to-face bed and the bed of the G-wheeled Vehicle at the I Hospital located in H at Jeju-si on November 18, 2018.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Report on internal investigation (the identification of vehicles violating the signal) by the police;

1. Report on the occurrence of a traffic accident by police officers and descriptions of a traffic accident report;

1. Statement of a death diagnosis report to the F prepared by the doctor J; and

1. Application of each video statute to a scene photograph;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Probation Criminal Act [the scope of punishment under law] 1 month to 5 years [the determination of a sentence] traffic crimes, general traffic accidents, and Type 2 (Death, etc. resulting from Traffic Accidents) of the Act on Probation - The factors for mitigation are not punished (general person): The factors for mitigation [the general person] - the factors for mitigation: the purchase of comprehensive motor vehicle insurance, serious reflectness.