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(영문) 제주지방법원 2018.10.12 2018고단835
교통사고처리특례법위반(치사)
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving freight trucking transport B.

On January 11, 2017, the Defendant driving the above cargo vehicle around 10:25, and driving the Gosan 3 intersection in 50-6, Jinsan Nam-si, Jeju, 7:00,00 in the direction of Taiwan-Eup from the side of the Jeju City.

At that time, there is a duty of care to safely drive an automobile driver according to signals, such as signal, etc. by reducing speed in advance, since the snow drops off and the signal, etc. is installed.

Nevertheless, the Defendant neglected this and neglected to drive the three-lanes of ancient C(54) in the direction of the high-sea-distance from the original repair on the side by negligence in violation of it, and caused the part of the Defendant’s cargo vehicle in front of the upper right-hand part.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence in the F Hospital located in Jeju-si E around January 11, 2018 due to the prolonged damage, etc.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to death certificates;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines and the scope of the ordinary traffic accidents shall be limited to the mitigated area (from April to one year) (including special mitigation persons), the punishment of which is not limited (including serious efforts to recover damage);

2. In light of the circumstances surrounding the instant accident, the degree of violation of the duty of care of the Defendant was heavier, and the victim’s death was serious.

However, the fact that the defendant recognizes and reflects the crime, that the victim's bereaved family members agree with it, and that criminal punishment is imposed.

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