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(영문) 제주지방법원 2014.05.02 2014고단172
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

At around 17:00 on December 5, 2013, the Defendant driven a Cpoter II cargo vehicle, and caused the victim to die by blood transfusion, etc. on February 10, 2014, when the Defendant driven a vehicle with the right side from the left side of the vehicle running without looking at the front line, while driving from the Dondo 2-dong at the Dondo 2-dong at the Dondo 2-dong Don, the Defendant died of the victim D (the age 61) crossinging the said road due to his occupational negligence, driving the vehicle without looking at the front line, and driving the road at the Dondo 2-dong Dondo 2-dong Don.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the de facto survey report (1), photographs (CCTV image), and death diagnosis report;

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 Act;

1. Suspension of execution: A suspended sentence shall be imposed as per the disposition in consideration of the following conditions and the scope of the recommended sentence (traffic crime group, general traffic accident, type 2 (traffic accident death), mitigation area (special mitigation area), April - 10 months), and the following circumstances on the grounds of sentencing (Article 62(1) of the Criminal Act as stated in the grounds for sentencing) (Article 62(1) of the Criminal Act (Article 51 of the Criminal Act as stated in the grounds for sentencing): The favorable normal circumstances are recognized and seriously contradictory to the facts of crime; the victim’s bereaved family members have agreed to commit the crime; the result of the accident was very serious; the degree of violation of the duty of care is not easy in light of the time of the occurrence of the accident or surrounding circumstances at the time of the accident (Article 51 of the Criminal Act as stated in the grounds for sentencing; however, it is determined that the accident could have been avoided if the accident was done properly only at the time of the accident, family relation after the crime, and economic conditions beyond the order of the defendant after the crime.

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