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(영문) 제주지방법원 2016.05.27 2016고단243

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On December 16, 2015, the Defendant driven the above cargo vehicle on the 18:25th day of December, 2015, while driving along the road of the Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do. In such a case, the Defendant had a duty of care to operate the Do Do Do Do Do Do and Do Do Do Do Do Do Do Do

Nevertheless, the Defendant neglected to do so and proceeded with the victim E (the age of 83) who was standing a road on the right side from the left side of the running direction of the Defendant due to the negligence in the course of his duties, which led to the collision of the victim E (the age of 83) in front of the left side of the cargo vehicle of the Defendant.

Ultimately, the Defendant caused the death of the victim from a G hospital located in the Jeju-si F on the same day, around 23:06, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Selection of Punishment: Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; Article 268 of the Criminal Act; the defendant's reason for sentencing of imprisonment without prison labor is recognized as all the criminal facts of the instant case; and the fact that he deposits money for the recovery of damage after the closure of pleadings that

However, even though the defendant was able to know the characteristics of the rural area in Jeju-do, which is located on the street, as the place of the accident in this case, it caused the death of the damaged person who was frank immediately adjacent to the speed prevention threshold. In light of the present situation of the accident site and the result of the damage, the degree of violation of the duty of care is considerably large, such as it appears that the speed has not been lowered even though it is an overspeed rural road.