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(영문) 제주지방법원 2017.08.10 2017고단1178
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving a taxi for business use C.

On December 25, 2016, around 00:20, the Defendant, at Jeju Island D, proceeded with the long distance in front of the E company at the center of the bank.

At this point, there is an intersection in the front, a signal is installed, and the speed of restriction is 60 km speed, so a person engaged in driving of a motor vehicle has a duty of care to safely enter the intersection in accordance with traffic signals, by maintaining the speed limit, reducing the speed, making it possible to see the right and the right of the motor vehicle, and safely enter the intersection according to traffic signals.

Nevertheless, despite the fact that green signal has been changed to yellow signal while neglecting this, the Defendant got a victim F (19 years old) who passed the road to the right side from the left side of the driving direction of the above vehicle due to the negligence of entering the intersection at a speed exceeding 78 km per hour by raising the speed, and immediately moving the road in excess of the speed limit.

Ultimately, at around 19:47 on the same day, the Defendant caused the death of the victim due to an injury of the H hospital located in G in Jeju-si, such as the salival cerebral cerebral cerebral cerebral cerebral cerebral cerebral ty

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Images and photographs by cutting a black boom and cutting a black boom;

1. Accident photographs and related photographs;

1. The signal cycle tag;

1. Speed using other co-programs;

1. Application of Acts and subordinate statutes to the actual survey report;

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

1. Reasons for sentencing of the alternative imprisonment without prison labor [the scope of recommendation] General Traffic Accidents No. 2 (Death of Traffic Accidents) (the period from August to two years) (the decision of sentencing) (the person who is subject to special sentencing] (the decision of sentencing) is considered all the various sentencing conditions specified in the argument of this case; however, the following conditions are considered: (a) reflects the following circumstances; (b) there is no previous convictions; and (c) the victim’s bereaved family members are future.

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