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(영문) 제주지방법원 2014.05.16 2014고단362
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

On February 10, 2014, at around 07:10, the Defendant driven a cargo truck of C in Jeju City, and had the victim died from the damage to the two parts of the road at the front of the “GS25 City convenience store” in GS25 City, which is located in GS25 City Do 1. However, as the crosswalk was installed at the front of the front of the front of the front of the front of the front of the front of the road, the Defendant neglected his duty of care to confirm whether there was a pedestrian or not, and by negligence, neglected to exercise the duty of care to safely drive the cargo vehicle, and caused the victim D (n, 78 years of age) who dried the crosswalk to go beyond the ground by shocking the right-hand border part of the Defendant’s vehicle, thereby causing the victim to die from the front of the two parts.

Summary of Evidence

1. Statement by the defendant in court;

1. A autopsy report, notification of the results of analysis of traffic accidents, and application of Acts and subordinate statutes for reporting traffic accidents;

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

1. Suspension of execution: Recommendations, sentences (traffic crime group, general traffic accident, type 2 (traffic accident death, etc.), mitigation area (special mitigation area), April - 10 months) and the following circumstances on the grounds of sentencing (Article 62(1) of the Criminal Act (Article 51 of the Criminal Act as stated in the grounds of sentencing) shall be determined as per the disposition in consideration of all the following circumstances. The favorable circumstances: recognition of and reflects on the facts of crime; agreement with the victim; violation of the Road Traffic Act of October 5, 1994; violation of the duty of care is very serious; and the degree of violation of the duty of care is not easy (Article 51 of the Criminal Act as stated in the grounds of sentencing): Other circumstances after the accident (Article 51 of the Road Traffic Act); and circumstances after the accident (Article 62(1) have not been discovered that the victim was exposed to a vehicle parked on the road).

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