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(영문) 제주지방법원 2015.07.22 2015고단694

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 18:50 on February 20, 2015, the Defendant driving a BM3 car and driving a two-lane road of 50 meters south of the D cafeteria located in SM3 at Seopopopo City, along the two-lanes in the right direction from the right direction to the right side of the road, the Defendant did not discover the victim E (W, 86 years old) who crosses the road to the right side from the left side of the front side of the said vehicle due to the occupational negligence, which neglected to do so, and caused the death of the victim on the front side of the said vehicle by receiving the victim from the front part of the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident-related statement prepared by the F;

1. A traffic accident report and a comprehensive traffic accident analysis report;

1. A written result of autopsy;

1. Application of Acts and subordinate statutes to the scene of an accident, photograph of the accident vehicle, and report on traffic accidents;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Sentencing guidelines for sentencing under Article 62 (1) of the Criminal Act on the grounds of the suspended sentence: The range of recommendations, sentences [the scope of punishment [the general traffic crime group, general traffic accident, type 2 (traffic accident death, mitigation area, April to October] and the following circumstances are considered to be favorable to the determination of the sentence as stated in the order: The fact of the crime is recognized and reflected; the victim's without permission crossing the vehicle; the accident of this case occurred while the victim without permission was covered by mandatory insurance; the victim's bereaved family members do not want to be punished against the defendant; the victim's bereaved family members do not want to be punished against the defendant; the victim's family members do not want to be punished against the defendant; the victim's family members do not have any record of criminal punishment heavier than the fine; the victim's death was serious