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(영문) 제주지방법원 2013.08.07 2013고단416
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of C beer trucks.

On March 14, 2013, at around 16:10 on March 14, 2013, the Defendant driven the above-mentioned vehicle, and made the intersection of the lux gas filling station located in the 2nd-dong of the Jeju City to turn to the left at the right-hand level from the lux of the luxin air of the yellow

At the time, the place is a non-protective left-hand turn, and the pedestrian signal of the crosswalk is occupied in the direction of the proceeding. In such a case, the driver of the vehicle has a duty of care to safely proceed after checking the safety of the course while checking whether there is a person who gets on the crosswalk and the right and the right of the driver of the vehicle.

Nevertheless, due to the negligence of neglecting the Jeonju-si and proceeding as it is, the Defendant received the victim D(44) who gets a way to the right side from the left side of the front side of the above vehicle according to the crosswalk, and caused the victim to die in the brain liver due to the alutism during treatment at the F Hospital located in Jeju-si on the 15th day of the same month, around 16:48.

Summary of Evidence

1. Defendant's legal statement;

1. On-site map and photograph of the traffic accident, and on-site photograph of the traffic accident;

1. A traffic accident actual condition 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 and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. In view of the fact that the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence leads to a victim who passed the crosswalk while making a left-hand turn and resulting in this case, and that the degree of negligence of the defendant and the result of this case are important, it is reasonable that the defendant strictly takes responsibility to the defendant, and the defendant is selected as a imprisonment without prison labor, but there is no other criminal record except the punishment sentenced due to a drunk driving in around 2005, a comprehensive motor vehicle insurance has been subscribed to, and the victim's bereaved family

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