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(영문) 제주지방법원 2014.05.21 2014고단381
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 C low-est car.

On November 22, 2013, the Defendant driven the above car at around 21:40 on November 22, 2013, which led to the driving distance in front of the Southern Elementary School moving at the Jeju-do at the Jeju-do Office of Education to go about about 47 km each hour at the center of the office of education.

Since there is a limited speed of 30km, there is no signal apparatus, and traffic control is not performed, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle after carefully checking whether there is a vehicle crossing by complying with the restricted speed and reducing or temporarily stopping the speed before entering the intersection.

Nevertheless, the defendant neglected this and proceeded to the right by the victim D (the age of 31) who is driving on the right side from the left side of the running direction of the defendant, and got the victim into the front part of the driver's car in front of the left side of the driver's car.

As a result, the Defendant caused the victim to die by the above occupational negligence at the F Hospital located in E at the same time on December 11:40 of the same year.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs and related photographs of the traffic accident;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Article 62(1) of the Criminal Act shall be taken into account the following factors: The area of mitigation (4 to 10 months) (including special mitigation), the area of mitigation (including serious efforts to recover from damage), the area of punishment not (including the decision of sentence], the victim's bereaved family members, the victim's refusal to want the defendant's punishment by agreement with the victim, the details

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