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(영문) 제주지방법원 2017.05.18 2017고단430

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 of a C-wing truck.

On January 3, 2017, the Defendant driven the above vehicle at around 12:30 on January 3, 2017, and continued to move back from D's front path at Jeju.

In this case, there was a duty of care to safely drive the steering gear and brake system by checking whether a person engaged in driving of a motor vehicle is a person walking on the front, rear, and left and right of the motor vehicle, and by accurately operating the steering gear and brake system.

Nevertheless, the Defendant neglected this and did not discover the victim E (n, 97 years of age) who walked on the rear side of the above vehicle and did not discover the victim E (n, n, n, e.g., the latter part of the above vehicle and had the victim go beyond the road.

Ultimately, the Defendant caused the victim to die from her occupational negligence in the above 15:16 Jeju-ro, 65, and the Jeju-do Hospital, which led to the death of the victim from her abdominoum.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. On-site photographs and victim photographs;

1. A traffic accident report;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act: All of the various conditions of sentencing specified in the pleadings of the instant case for the reason of sentencing under Article 62(1) of the suspended sentence shall be taken into account, in particular, the following circumstances shall be taken into account: The favorable circumstances are against the victim; the fact that the Defendant agreed with the victim’s bereaved family;