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(영문) 제주지방법원 2019.05.15 2018고단2132
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a V car.

On August 16, 2018, the Defendant driven the above car at around 03:47, and driven the three-lane road in the direction of the E-high school in the direction of the E-high school, driving a three-lane road in front of the Dart C at the Jeju.

At the time of night, the front door of the road was flowed due to the decline of rain, and the surface is milched with a speed of 56 km per hour (the speed from 70km to 20 km per hour). In such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in compliance with the speed limit.

Nevertheless, the defendant neglected this and caused the victim F (the age of 28) who was in two lanes due to the negligence of driving the speed exceeding 29 km a speed of 29 km per hour to go beyond the ground.

Ultimately, at around 04:36, Aug. 16, 2018, the Defendant caused the death of the victim by occupational negligence in the form of a two-one-halfth, a maternal fluor, a maternal fluor, and abrain.

Summary of Evidence

1. Defendant's legal statement;

1. Blue image;

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

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 selection of

1. The reasoning of the suspended sentence under Article 62(1) of the Criminal Act is not only the negligence of the defendant, but also the negligence of the victim, the fact that the defendant is the first offender, the depth of the defendant is divided, the victim's bereaved family members and the bereaved family members agreed smoothly with the victim, and the victim's parents want to have the preference against the defendant, and the defendant's age, character and behavior, family relation, environment, circumstances and result of the crime, circumstances after the crime, etc. shall be comprehensively considered and determined as ordered by the order.

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