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(영문) 제주지방법원 2014.08.21 2014고단881
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

On February 7, 2014, the Defendant was driving a dump truck with B 25 tons B on February 14, 2014, and came to proceed from the Tyang side to the north village according to the road of 1351, the Han-dong, Seocheon-gu, Seocheon-do, Jeju at Jeju.

At the time, the road is bended by the left-hand side and the center line of yellow-ray is installed, so the driver of the vehicle has the duty of care to drive the vehicle safely without breaking the center line by properly operating the brake system and reducing the speed in advance.

Nevertheless, the Defendant neglected this and failed to reduce the speed of the dump truck with the front left side of the Defendant’s driver’s dump truck due to the negligence that the left side of the Defendant’s driver’s dump truck runs beyond the center line, and received the front side of the Defendant’s dump truck’s driver’s dump truck, which was driven by the victim C(66 years old)’s dump driver’s dump truck.

Ultimately, at around 07:40 on June 7, 2014, the Defendant caused the victim to die due to the blood transfusion during treatment in the central hospital located in the Dong-ro 72 in Jeju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E;

1. The application of Acts and subordinate statutes to each photograph, actual condition survey report, diagnosis report, notification of the results of traffic accident analysis, reply, and death diagnosis report;

1. Relevant provisions 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 and Article 268 of the Criminal Act on the grounds for sentencing of imprisonment without prison labor for the reasons for sentencing (traffic crime group, general traffic accident, type 2 (traffic accident death, etc.), basic area: - August - January 6 of the imprisonment without prison labor) and the following circumstances are determined as indicated in the order, taking into account all of the following circumstances into account. The recognition of the crime is contradictory to the crime, the victim also runs beyond the central line while passing through a bend road and the occurrence of the accident and the expansion of damage.

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