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(영문) 제주지방법원 2016.02.15 2015고단998
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year 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 DNA car.

On May 5, 2015, the Defendant driven the three-lane road in front E at Jeju on May 5, 2015 at a low speed, driving the said vehicle at a low speed, along the one-lane, and driving the vehicle toward the new luminous distance from the boundary of Han Hospital.

At the time, it was difficult to view at night, so in such cases, a person engaged in driving a motor vehicle has a duty of care to confirm and drive the safety of course by accurately operating the steering system, brakes and other devices of the motor vehicle and thoroughly operating it.

Nevertheless, the defendant neglected this and caused the victim G (49) to be used on the road due to the negligence that did not discover the victim G (49) by neglecting it, and caused the defendant to use it on the road by shocking the victim's body in front of the driver's vehicle.

Ultimately, the Defendant suffered from the victim’s blood transfusion during the growth period of the part of the uniforms by occupational negligence as above, and the death of the victim was caused by the death of around 08:45 on the same day while the Defendant was receiving medical treatment at the Hanra Hospital in Jeju-ro 65.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to H;

1. A traffic accident report and a traffic accident report (on-site investigation report);

1. A death certificate;

1. A map at the scene of an accident;

1. Application of related Acts and subordinate statutes to photographs;

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. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered as favorable circumstances among the following grounds for sentencing)

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Determination of types: Two types of ordinary traffic accidents;

(b) Measures to reduce special sentencing factors: Where the victim has a substantial negligence in the occurrence of a traffic accident even though it was committed.

(c) Determination of the territory of recommendation and the scope of recommended sentences: Reduction area, April to October of the credit cooperative;

2. Whether to suspend the execution;

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