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(영문) 제주지방법원 2019.02.14 2018고단1296
교통사고처리특례법위반(치사)
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 vehicle B with B EW EV EW.

On January 18, 2018, the Defendant driven the above vehicle at around 12:35, and led the front of the “D” in the Jeju City to proceed directly with the front of the “D” in the front of the B at the large-Eup Myeon, as the lower Myeondo-do Myeon from the large-Eup Myeon.

At the same time, the area had a duty of care to safely proceed with the vehicle, if the vehicle has already entered the intersection by accurately examining the situation of the left and right traffic while driving along the section where the intersection is installed.

Nevertheless, by the negligence of entering the intersection as it is, the Defendant already received the part above the left side of the vehicle driving by the Defendant, which is driving by the victim E (the age of 69) who is already driving by the victim E (the age of 69).

Ultimately, at around January 18, 2018, the Defendant caused the death of the victim due to serious brain damage at G Hospital around 13:58 due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The Road Traffic Authority's traffic accident analysis report and the actual survey report;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a sentence of imprisonment without prison labor ( Consideration of the fact that the death of a victim causes a serious result);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration to reflect the fact of reflection, the fact that the victim has agreed with his/her bereaved family members, and the first offender);

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