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(영문) 제주지방법원 2014.02.07 2013고단1665
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

Reasons

Punishment of the crime

Around 07:40 on September 29, 2013, the Defendant driven a dump truck C 25t dump truck and proceeds from the intersection north of the Gu Tapo University at the entrance of the 1100 west-si, Seopo-si, Seopo-si, Seopo-si to the hump surface of peace. The Defendant got off the north of the 1100 west-si, Seopo-si, Seopo-si, Seopo-si with a limited speed of 60km, which is an intersection with on-off and off-off and traffic control are not performed. The Defendant got off the surface of the victim, and the victim's knifed and knife the surface first entered the intersection. Accordingly, the Defendant failed to perform his duty of care to prevent the accident, and due to the negligence of entering the intersection at a speed of about 68 km-dong, and caused the victim's death of the above knife (the victim's 1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police officer to I;

1. Each body autopsy report, death diagnosis report, notification of the results of traffic accident analysis, and application of Acts and subordinate statutes to the traffic accident report;

1. Relevant criminal facts: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of sentence: Recommendations, sentences and scope of sentence on the grounds of sentencing guidelines for sentencing of imprisonment without prison labor (traffic crime group, general traffic accident, type 2 (traffic accident death), basic area, August - January 1) and all the following circumstances shall be determined as ordered in consideration of all the following circumstances. favorable circumstances: recognized facts of crime and reflects: the fact of crime; the first offender without previous conviction; the defendant's age unfavorable conditions; the result of the accident is very severe; the victim's bereaved family members are not recovered (applicable without comprehensive motor vehicle insurance);

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