beta
(영문) 제주지방법원 2015.01.30 2014고단1784

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Class C cargo vehicle.

On October 23, 2014, around 18:50 on Jeju Island, the Defendant came to proceed ahead of the three complexes of the Doin apartment complex in front of the Doin apartment complex, which is moving from Jeju Fire Station, to the central government office.

At the time, there was a crosswalk installed on the front direction of the defendant's driving, so the defendant engaged in driving of the motor vehicle had a duty of care to temporarily stop the motor vehicle before entering the crosswalk and yield the course to pedestrians or to drive the motor vehicle safely by properly examining the situation of the crosswalk.

Nevertheless, it caused the death of the victim who walked the crosswalk as the front part of the above cargo vehicle due to the negligence of not negligent entering the crosswalk as it is, and caused the victim to die due to the multi-life long-term damage.

Summary of Evidence

1. Defendant's legal statement;

1. One and two traffic accident reports;

1. Application of Acts and subordinate statutes of a death certificate;

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. The sentence of sentence under Article 62(1) of the Criminal Act, the reason for sentencing under Article 60(3) of the Juvenile Act [the scope of recommendation] shall be sentenced to the same sentence as the order, considering the following factors: (a) the area where the punishment is mitigated (4 to 10 months) (including special mitigation), the area where the punishment is mitigated (including a serious effort to recover from damage), the decision of sentence] the victim's bereaved family members are not wanting to be punished by agreement with the victim; (b) the circumstances surrounding the occurrence of the accident (in the crosswalk), the defendant's age, character and conduct (in the case of an accident on the crosswalk), etc.