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(영문) 제주지방법원 2016.04.06 2016고단154
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

The defendant is a person who is engaged in driving of a wing and live fish transport vehicle B.

On December 13, 2015, the Defendant driven the above cargo vehicle around 05:30 on December 13, 2015, and was proceeding from the Han Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-

At the time, the Defendant neglected to do so, and found the victim C (n, 68 years of age) who dried the road on the right side from the left side of the vehicle driving in the direction of the vehicle driving by the Defendant at the speed of 79.2 kilometers a speed exceeding 50 kilometers a speed limit of 50 kilometers per hour, and found the victim C (n, 68 years of age) late, and caused the victim to go beyond the road by taking the victim's body as the part of the vehicle driving freight in front of the Defendant.

Accordingly, the Defendant caused the victim's death by occupational negligence, i.e., damage to the pressure of the two frames from the two seats.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the actual traffic accident investigation report and the results of the traffic accident analysis;

1. A criminal investigation report (Report on the confirmation ofCCTV video CDs), a criminal investigation report (whether there is any excess as to the result of appraisal to the different religious order; and

1. A copy of a death certificate;

1. Application of the Acts and subordinate statutes governing the scene of accidents and photographs of harming vehicles;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, considering the following circumstances, the scope of sentencing guidelines for sentencing [the range of sentencing offenses group, general traffic accidents, type 2 (the type of traffic accidents), the area of special mitigation, February to October], and the following circumstances: The facts of crimes are recognized and reflected in the sentence: the victim is also at fault (unauthorized crossing). The victim's bereaved family does not want criminal punishment against the defendant; the victim's bereaved family members do not want criminal punishment for the defendant; the driver's vehicle is covered by the comprehensive motor vehicle insurance, and the traffic accident occurs.

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