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(영문) 제주지방법원 2020.07.24 2020고단1151
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

On March 31, 2020, the Defendant driven a B carren vehicle on March 31, 2020, while proceeding the distance in front of the D cafeteria in Jeju, from the Jeju viewing room to the room of the Jeju East Police Station, and then sent the signal to the Jeju viewing room.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle safely, such as making a internship according to the new code.

Nevertheless, the Defendant neglected this and caused the death of the victim, who was sent back to H Hospital located in Jeju City G on March 31, 2020, due to serious brain damage, etc. around 02:37, around March 31, 2020, by shocking the front part of the victim E (the 26-year-old driver) driving in the opposite direction to the above intersection in accordance with green signal from the negligence of the business, which led to the death of the victim due to serious brain damage, etc.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Each report on internal investigation by the police (including attached documents) and each statement and image (including attachment documents) of each report on internal investigation by the police;

1. Report on the occurrence of a traffic accident by police officers and descriptions of a traffic accident report;

1. To describe a copy of the death certificate to E prepared by the doctor I;

1. Application of each video statute to a scene photograph;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for the suspended sentence of Article 62(1) of the Criminal Act [the scope of legally applicable sentences] / [the determination of a sentence] one month or five years from the imprisonment without prison labor / [the determination of a sentence] traffic crime, general traffic accident, type 2 (the death of a traffic accident] - The mitigated factors: The mitigated factors (the general person who is the person who is the person who is the person in general) - the mitigated factors.

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