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(영문) 제주지방법원 2013.04.10 2013고단218
교통사고처리특례법위반
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

The defendant is a person engaging in driving a Cbee or a car.

On July 5, 2012, the Defendant driven the said car at a speed of about 106 km at a speed of 106 km, depending on the two-lanes from the one-lane side to the two-lane side from the one-lane side in the one-lane side in the one-lane side in the one-lane side of the city.

At this point, the intersection where the vehicle signal, etc. is installed and the speed of 60K is 60 km, so in this case, a person engaged in driving service has a duty of care to check the safety of the course and prevent the accident by checking the safety of the route by observing the signal and the speed limit and by properly examining the right and the right of the road.

Nevertheless, the Defendant, by negligence of disregarding the vehicle stop signal and driving at a speed exceeding 46 KK at each hour, caused the death of the victim D(70 years old) who was under the left turn to the left at the right-hand turn from the left-hand side of the front side of the car at the right-hand side of the car at around 1:45 on February 8, 2013, while receiving treatment at E Hospital on the right-hand side of the car.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs and field guidance;

1. The actual condition survey report;

1. A copy of a death diagnosis document;

1. Application of Acts and subordinate statutes to a report on investigation (presumed speed of a hazard-preventive vehicle);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Determination of types] Traffic Accident Death [Special Convicts] Mitigation element of traffic accident (including serious efforts to recover damage): Decision on the area of mitigation [Determination on the area of recommendation] / Decision on the area of mitigation] / Decision on the area of mitigation [Determination on the area of recommendation] / April to October / [general person] : Subscription to comprehensive vehicle insurance, serious reflectness, and record that there is no criminal punishment [Scope of punishment]: Special Act on the Settlement of Traffic Accidents.

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