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(영문) 제주지방법원 2014.10.23 2014고단1168
교통사고처리특례법위반
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 August 19, 2014, the Defendant driven a B rocketing car on August 19, 2014, and entered the road along the three-lane Do road in front of the “Anicultural Department”, which is located in the same Dong as the Goicultural Department, at the ancient city of the Jeju.

Since there is a point where the view of the road can be restricted to a place where a lush house moves into a three-lane road on the road, there was a duty of care to prevent accidents in advance by driving safely by reducing speed and checking where there is a person who is engaged in driving of a motor vehicle.

Nevertheless, the Defendant did not discover the victim C (the age of 45) who was sitting on the road prior to the “Anicultural Department” due to negligence by neglecting this, and did not see the victim C (the age of 45) and went beyond the road by shocking the victim with the part front of the right part of the driver’s car, and led the victim to go ahead of the right part and the rear wheels.

Ultimately, at around 04:49 on the 22th day of the same month, the Defendant caused the death of the victim due to the above occupational negligence at D Hospital’s brain termination and brain pressure.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to each photograph, death certificate, actual condition survey report, and autopsy protocol;

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

1. Suspension of execution: Recommendation, sentence scope [the scope of sentence [the traffic crime group, the general traffic accident, the class 2 (the death of traffic accident, the area of mitigation: the area of mitigation of punishment: 4 months - 10 months] of imprisonment without prison labor] and the following circumstances on the grounds of sentencing in Article 62(1) of the Criminal Act (the conditions of sentencing as stipulated in Article 51 of the Criminal Act, such as the statement in the grounds of sentencing below):

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