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(영문) 제주지방법원 2018.06.05 2018고단301
교통사고처리특례법위반(치사)
Text

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

However, 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-III cargo vehicle.

On January 6, 2018, the Defendant driven the above cargo vehicles around 12:40, while driving them at the front parking lot of the Eascul Agricultural Association, 592 Gapo-ro 592 Gapo-ro 32-102.

In this case, there is a duty of care to prevent accidents, such as safe driving, by checking whether there is a person around the vehicle and checking the front and rear and the left and right of the person engaged in driving of the motor vehicle.

Nevertheless, the Defendant neglected this and did not discover the victim C (at the age of 78) who was after the loading of the cargo vehicle in the Defendant’s drive due to the negligence that was done before, after, after, after the Defendant’s negligence, did not look at the right and the right and the right, and did not discover the victim’s body, and had the victim’s body go beyond the ground by the loading of the cargo vehicle, etc., and took the victim’s body with the back wheels of the cargo vehicle.

The Defendant caused the death of the victim immediately due to the above occupational negligence due to brain injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, on-site inspection report, and on-site photographs of a traffic accident;

1. Protocol of inspection;

1. Application of Acts and subordinate statutes to report on investigation (the state of a victim immediately after an accident);

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 the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures shall be determined as ordered by taking into account all the circumstances such as the Defendant’s age, environment, and conditions of sentencing, including the following: (a) the Defendant’s first offender without any criminal history; (b) the victim’s bereaved family members have agreed to commit the crime; and (c) the Defendant’s age and environment

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