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(영문) 제주지방법원 2019.07.05 2019고단130
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 October 24, 2018, around 17:27, the Defendant was driving a franchis freight vehicle B at a one-lane near the three-lane of the Guro-gu North Korean Peninsula, which was located in 257-1, in Jeju Island, with the outer salary of the Dongdo-gu, 257-1, and continued to proceed as the outer emulh from the emulh from the emulhal slope.

There are three-distance crossings where traffic is not controlled, and in such cases, the driver of the motor vehicle has a duty of care to make a left-hand turn safely by checking whether there are motor vehicles that temporarily stop and drive safely.

Nevertheless, the Defendant, without referring to the left-hand turn from the opposite line without temporarily stopping, caused the death of the victim at the emergency room of the F Hospital located in Jeju, on October 24, 2018, by shocking the left-hand side part of the Dscooter driving Dscoo drive C (W 7 years old) to the left-hand part of the front-hand side of the said cargo vehicle, resulting in the death of the victim, such as scoodles, etc. at the emergency room of the F Hospital located in Jeju, E at around 18:47.

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. Statement made by the police officer G on the statement; and

1. Report on the occurrence of a traffic accident by police officers, entry of a 112 reported case handling table and a traffic accident report, respectively;

1. Entry of a death diagnosis report to C in the preparation of the doctor H C;

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 statutory sentences] 1 month to 5 years [the determination of a sentence ] Transport crime, general traffic accident, type 2 (Death resulting from Traffic Accidents) - Reduction element: Non-Mitigation of punishment (general person) - Reduction element: Subscription to comprehensive motor vehicle insurance, serious reflectivity;

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