beta
(영문) 제주지방법원 2019.09.20 2019고단1333

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

around 06:00 on January 29, 2019, the Defendant operated a B-crare car and continued to drive the B-crared-pared-pared-pared-pared-pared-pared-pared-pocked-pocked-pocked-pocked-pocked-pocked-pocked-pocked-p

At the time, it is the new wall time and the surrounding street light was weak, so in such a case, there was a duty of care to reduce speed as a person engaged in driving of a motor vehicle and to accurately manipulate the steering and brakes system and prevent accidents in advance.

Nevertheless, the Defendant neglected to perform the above duty of care and proceeded with the victim C (the age of 80) who dried the crosswalk, followed by occupational negligence that found the victim C (the age of 80) late, caused the victim's death by taking the front part of the passenger car of the Defendant, i.e., cutting down two alleys, etc.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the public prosecutor;

1. Statement (including attached documents) of investigation report (including signal systems) on police preparation;

1. Report on the occurrence of a traffic accident by police officers, entry of a 112 reported case handling table and a traffic accident report, respectively;

1. A description of a written request for examination of the corpse of a medical doctor C in the preparation of D;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated 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 by law] 1 month to 5 years [the determination of a sentence ] Traffic crime, general traffic accident, and type 2 (the death of a traffic accident), mitigated element: If the victim was negligent due to a significant fault in the occurrence of a traffic accident even if the victim was also punished (the person who is a general person) - mitigated element: