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(영문) 제주지방법원 2018.03.15 2017고단2290
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment 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 drives B-Ma cargo vehicles.

On July 26, 2017, the Defendant driven the above cargo vehicle around 17:35, and driven the road near D/C located in Seopoposi City, Seopopopoposi, along the water network shooting distance from the northwest.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly operate the motor vehicle at the front and to safely operate the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not care well at the center line, and did not turn to the left at the front direction of the same course, and by negligence, received the part of the driver's seat or even the driver's seat of the FST3 car from the victim E (55 years old) driving in the front direction of the same line, etc. of the above cargo vehicle.

Ultimately, the Defendant caused the victim E’s death with the heart stop during the Do which was sent back to the hospital due to the foregoing occupational negligence, and suffered injury to the victim G (Y, 51 years old) who was accompanied by the said car, such as dump, tension, etc. in need of approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report;

1. A photograph by the scene of an accident, a photograph of the scene of the accident or by capturing a video;

1. Application of Acts and subordinate statutes to dead bodies;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an occupational and an occupational physician), Article 3(1) and the proviso to Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

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

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 are all taken into account, but the following circumstances should be taken into account in particular: (a) the favorable circumstances are against the victim; (b) the agreement with the victim is exceeded; and (c) the fine is imposed.

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