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(영문) 제주지방법원 2017.02.10 2016고단2825
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 15, 2016, the Defendant is a person who is engaged in driving a DM5 vehicle. On August 15, 2016, the Defendant driven the said vehicle at around 19:50 to drive the said vehicle, leaving the intersection of the front distance of F in E at the time of Jeju, from the bank of the station in Seoul, to the entrance of the hyp of the hyp of the hyp of this subparagraph, and the Defendant was driving the vehicle at the time, without thoroughly examining whether there are other vehicles going through the hyp intersection without any signal at the time, and by the negligence of entering the said hyp intersection at the right side from the direction of the Defendant’s proceeding to the right side of the hyp of the victim G (72 years old) (the hyp of the hyp of the hyp of this hyp).

Accordingly, the Defendant caused the victim G to die due to the above occupational negligence on August 31, 2016 at Jeju University Hospital around 09:07, resulting in the death of the victim G due to the wide range of cerebral blood transfusions during the treatment.

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

1. Statement made to I by the police;

1. A death certificate;

1. Application of the Acts and subordinate statutes notifying the results of traffic accident analysis;

1. Relevant legal provisions and the choice of sentence concerning criminal facts: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor;

1. Suspension of execution: The sentencing guidelines under Article 62(1) of the Criminal Act (including the sentencing conditions under Article 51 of the Criminal Act, as stated below) and the following circumstances shall be taken into account for the reasons of sentencing, and the sentence shall be determined as per the order.

The favorable circumstances: The facts of the crime are recognized and discussed, and the circumstances unfavorable to the victim's bereaved family members and the bereaved family members are: The result of the victim's death is brought about: The victim shall also have the duty of care to yield the course to the left-hand turn to the right at the intersection where traffic is not controlled.

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