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(영문) 제주지방법원 2013.11.28 2013고단1439

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 wing and cargo vehicle B.

At around 20:00 on August 14, 2013, the Defendant driven the above cargo vehicle, and continued to drive the intersection in front of the entrance of the manpo-dong, Seopo-dong, Seopo-si, Hapo-dong, Samsung C&V at the ASEAN cafeteria at the ASEAN cafeteria.

Since there is an intersection where yellow flashing signal, etc. is installed, a person engaged in driving service has a duty of care to check and drive the course by examining the cross-section and by examining the cross-section.

Nevertheless, the Defendant neglected to do so and did not avoid the victim C (64 years of age) who was crossing the right from the left side of the road over which he proceeded, and received the victim in front of the right part of the Defendant cargo vehicle. As a result, the victim died of the victim in the E hospital located in Seocho-si E Hospital located in Seopopo-si with the symptoms of low blood transfusion shocking from the treatment rate during the treatment rate. < Amended by Act No. 11904, Aug. 14, 2013>

Ultimately, the Defendant caused the death of the victim by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to death certificates, photographs, and actual survey reports;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the confessions made by the defendant as the first offender and reflects in depth, the full agreement made between the victim and his bereaved family members, and the time, circumstances, etc. of the occurrence of the accident in this case);