(영문) 제주지방법원 2016.10.12 2016고단1123

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자간(%)

(영문) 제주지방법원 2016.10.12 2016고단1123

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in dump trucks driving.

On April 16, 2016, the Defendant driven a dump truck above 08:20 on April 16, 2016, and led to the driving of the dump truck, which is located in Seocheon-gu, Chocheon-gu, Jeju, to go directly from the dump intersection to the dump intersection.

The Defendant was at the time, in violation of the signal signal at the time, and was due to the negligence of entering the above intersection and immediately advancingd, and was at the time, the part of the victim D (W, 50 years old) driving, the top part of the cargo vehicle, which was driven by the victim D (W, 50 years old), who was going directly by the breath of the bump truck, was the front part of the Defendant’s driving.

Accordingly, the defendant caused the victim's death from the above occupational negligence to the long-term part of his job.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, on-site map, relevant photographs, and a actual condition survey report;

1. Statement made by the police in relation to F and G;

1. Stopology, stophographic photo;

1. Notification of the results of the analysis of traffic accidents and the application of the Acts and subordinate statutes on investigation reports (Attachment to traffic signals D/B);

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: It is so decided as per Disposition by the reason of Article 62 (1) of the Criminal Act or more;

The grounds for sentencing (in the range of the recommended sentencing guidelines) the area where the death of traffic accidents is mitigated: The circumstances favorable to April 1: violation of signals by Defendant

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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