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(영문) 제주지방법원 2014.04.02 2014고단18
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 September 4, 2013, the Defendant driving a freight vehicle C 4.5 tons at C4.5 tons on September 11, 2013, and driving a two-lane road in the city of Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si.

There is a straight line on clean weather, and the victim D (the 43 years of age) and E, who is working on the bicycle road installed on the right side of the front side, are driving a bicycle, so in such a case, the driver of the motor vehicle has a duty of care to reduce the speed to those engaged in driving the motor vehicle and to prevent the accident by driving the motor vehicle safely by checking the front side well.

Nevertheless, while the Defendant neglected this and proceeded as is without viewing the situation where the victim and E are driving a bicycle on the right side of the bend and without reducing speed, due to negligence by finding the victim who was at the center on the right side of the bend and going on the road to the right side of the bicycle late, the Defendant did not avoid the victim who was set up on the left side of the above cargo Hand, but was installed on the right side of the above cargo Hand, and caused the victim to shock the head part of the victim, and caused the victim to the same year.

9. 5. Around 00:04, at the Seopo-si 47 Seopo-si Mapo-si, death was caused by cerebral cerebral brain injury during treatment.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement to E by the police;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, the actual condition survey report, on-site photographs, and death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The occurrence of a traffic accident or damage to the victim of a mitigation element of traffic accident, which applies the sentencing criteria [the determination of types] to the traffic accident in general.

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