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(영문) 제주지방법원 2013.08.13 2013고단739
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

On May 19, 2013, the Defendant operated a city bus at CBS106 on May 17:26, 2013, and continued to operate the city bus at the speed of about 50 km from the surface of the 3-lane 709-12, the two-lane of the 709-12-lane of the “swing hotel”. The Defendant was negligent in performing the duty of care to drive safely by failing to perform the duty of care to drive safely by taking into account the front left side of the vehicle in the direction of the vehicle, and caused the victim D (n, 44 years of age) who illegally crossed over the upper right side of the Defendant’s vehicle and the front glass part, leading the victim to the death of the brain from the cerebrle of the cerebrle Hospital at Jeju on May 20, 2013 at the expense of the cerebrle due to the cerebrle, etc. from the brain in the brain hospital in the city.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual traffic accident investigation report, copy of a death diagnosis report, and investigation report (on-site investigation matters);

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: A suspended sentence shall be imposed as ordered in consideration of all the following circumstances in the sentencing guidelines for the reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Article 51 of the Criminal Act as stated in the reasons for sentencing), including the scope of recommended sentences [in cases of traffic crimes, general traffic accidents, Type 2 (Death by Traffic Accidents), area of mitigation (in cases where the victim was at considerable negligence in the occurrence of traffic accidents even if the victim was involved), April of imprisonment without prison labor, 100], and the following circumstances.

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