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(영문) 제주지방법원 2014.06.03 2014고단424
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 25, 2014, at around 00:50 on February 25, 2014, the Defendant driven a B C (the age of 49) car and went into operation on the surface of the 6th square at the seat of the C (the age of 49) of the C (the age of the Defendant) from the front side of the Defendant’s vehicle, depending on the three-lane road in front of the 4-lane road in the C (the “Oar cafeteria”) Seobuk-dong of the C (the “D Hospital”) Seobuk-dong of the Jeju Island in Jeju. As such, the Defendant was negligent in performing the duty of care to thoroughly proceed with the front side of the vehicle at the time, and caused the death of the victim due to the cardiopulmonary stop due to the brain liver in the “D Hospital” room at around 04:29 on February 25, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to photographs of damaged vehicles, the actual survey report on traffic accidents, and the death certificate;

1. Relevant Article 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;

1. Suspension of execution: The sentence shall be imposed as ordered in consideration of all the following circumstances in light of the recommended sentence scope [in the case of traffic crime group, general traffic accident, Type 2 (Death by Traffic Accidents), mitigation area (in the case of a victim with considerable negligence in the occurrence of a traffic accident, in the case of a victim), April of imprisonment without prison labor, October] and the following circumstances on the grounds of sentencing under Article 62(1) of the Criminal Act (the sentencing condition under Article 51 of the Criminal Act as stated in the grounds for sentencing below), and the sentence shall be imposed as stated in the sentencing guidelines. The favorable circumstances are recognized: the occurrence of a crime is recognized; the circumstances that may be considered in the course of the accident; the occurrence of the accident is very serious; the occurrence of the accident is very serious; the occurrence of the accident is subject to a same criminal record (the violation of the Special Act on the Settlement of Traffic Accidents, etc. on June 3, 2010); other circumstances after the crime; the occupation, family relation, etc. of the defendant;

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