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(영문) 제주지방법원 2014.09.30 2014고단1101
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

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

Reasons

Punishment of the crime

On July 6, 2014, at around 19:45, the Defendant: (a) driven the urban bus of the “Triju Transport” and proceeded to the “maria hotel” room on the interlock road front of the juju-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report, field photographs, and death diagnosis report;

1. Relevant legal provisions concerning criminal facts: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Selection of imprisonment without prison labor;

1. Suspension of execution: The sentencing conditions under Article 62(1) of the Criminal Act (the following sentencing conditions under Article 51 of the Criminal Act as stated in the grounds for sentencing) are set in the order, taking into account all the following circumstances as the reasons for sentencing. The facts of the crime are recognized and seriously against the order: (a) damage was recovered through the comprehensive bus deduction and the victim’s bereaved family members were paid a considerable amount of agreement; (b) the degree of breach of the duty of care was very serious (road crossing accident) accident; and (c) the accident is very serious (the name of the accident is suspended by crossing the central line, and it is impossible to regard the victims who died in the opposite part). The circumstances after the crime (the driver’s license was revoked and lost by the cancellation) and the family relationship of the defendant are higher than those of the defendant.

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