Cases
2015dan514 Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents
Defendant
door-○ (1976years) and Note
Prosecutor
Red tin (prosecution) and scong type (public trial)
Defense Counsel
Attorney Kang Han-soo
Imposition of Judgment
July 1, 2015
Text
Defendant shall be punished by imprisonment without prison labor for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On February 17, 2015, the Defendant: (a) drive the above 5-lane passenger cars with the front right part of the 5-lane passenger cars in front of the 5-lane passenger cars using the front part of the 5-lane passenger cars with the front part of the 5-lane passenger cars in front of the 5-lane passenger cars in front of the 5-lane passenger cars; (b) drive the 5-lane passenger cars with the front part of the 5-lane passenger cars with the front part of the 5-lane passenger cars with the front part of the 5-lane passenger cars in front of the 5-lane passenger cars with the front part of the 5-lane passenger cars with the front part of the 5-lane passenger cars with the front part of the 5-lane passenger cars with the front part of the 5-lane passenger cars with the front part of the 5-lane passenger cars with the front part of the 5-lane passenger cars with the front part of the 2-lane passenger cars with the front part of the 5-lane passenger cars.
At around 18:02 on the same day, the Defendant: (a) caused the death of the victim Kim △△△△△△ (n, 65 years of age) boarding the said leisure car due to the said shock; (b) around 18:02 on the same day, the Defendant caused the death of the victim Kim △△△△△△△ (n, 65 years of age) from the Dara Hospital located in Jeju-si, Jeju-si, Jeju-si; and (c) caused the damage of the victim Kim (n, 37 years of age) who boarded the said leisure car to the victim Kim (n, e.g., the driver of the said leisure car) by the 10-day treatment of approximately 3 weeks, as indicated in the attached list of crimes; and (d) caused the death of the victim Kim(n, e.g., the victim Kim ○ (n, 32 years of age) at around the 2008 Jeju-si.
Summary of Evidence
Omission
Application of Statutes
1. Article applicable to criminal facts;
Article 3(1) and proviso of Article 3(2)3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act
1. Commercial competition;
Articles 40 and 50 of the Criminal Act
1. Selection of punishment;
Selection of imprisonment without labor
1. Suspension of execution;
Article 62(1) of the Criminal Act
Reasons for sentencing
In consideration of the following circumstances, punishment shall be determined as ordered:
○ favorable circumstances: The fact of the crime is recognized and the depth is reflected, and the victims who died;
The bereaved family members and the victims of injuries under mutual agreement between two bereaved family members and the victims;
In particular, the above bereaved family does not want to punish the defendant, and in particular appeal against the action against the defendant by the defendant.
Defendant’s driver’s vehicle is insured with a comprehensive motor vehicle insurance (PP).
The insurer paid the agreed amount to the victims who did not reach the agreement with the deceased.
C)the first offender, the first offender, and the child of which the defendant must support;
○ Unfavorable Circumstances: The defendant neglected his duty of care in front of the week and operated the brake accurately.
It was caused by negligence that exceeded the speed limit, which caused a 10-class drilling accident, and 2
The defendant's negligence and the result of damage are very serious.
The fact that the bereaved family members of the deceased are expected to have suffered considerable mental distress;
○ Other: The circumstances of the instant accident, age, character and conduct, family relationship, circumstances before and after the commission of the crime, etc.
Judges
Freeboard Kim
Site of separate sheet
List of Offenses
A person shall be appointed.