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(영문) 제주지방법원 2014.10.24 2014고단952
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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

On May 14, 2014, at around 20:00, the Defendant driven a private taxi to drive the said private taxi to the front of the victim D (the age of 62) who passed the said road on the right side from the left side of the vehicle due to the negligence that he/she neglected his/her duty of care to safely drive the said road by driving the private taxi on the two-lanes of the two-lane road in the Seopo-si Seopo-si Seopo-si Seopo-si, Seopo-si, Seopo-si. On August 24, 2014, the Defendant died of the victim’s death on August 24, 2014, when he/she was under medical treatment at the Jeju Hospital due to the injury, such as an influenite sular depression in treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to field photographs of traffic accidents, actual condition survey reports, and treatment confirmation certificates;

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

1. Suspension of execution: A suspended sentence shall be imposed as ordered in consideration of the following circumstances (Article 62(1) of the Criminal Act (Article 51 of the Criminal Act as stated in the reason for sentencing) and the following conditions of sentencing (Article 62(1)(Article 51 of the Criminal Act as stated in the reason for sentencing), the scope of recommended sentences [in the case of traffic crimes group, general traffic accidents, Type 2 (Death by Traffic Accidents), the area of mitigation (in the case of a victim with substantial fault in the occurrence of a traffic accident), 1/2 of the recommended sentence (in the case of a victim), the reduction of imprisonment without prison labor - 1/2 of the recommended sentence (in the case of a safe 4 months) and the following circumstances. A favorable normal circumstance: (a) recognized the facts of crime; (b) considered the circumstances to be taken into account; (c) the victim’s bereaved family members want to take the preference against the defendant; (d) the victim has received a fine in the year 1980 (50,000 won).

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