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(영문) 제주지방법원 2015.11.12 2015고단1133
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of the B-to-pur vehicle.

On June 29, 2015, the Defendant operated the three-lane road in front of the Jeju-do gas from the middle line along the two-lanes in Seopopo-si, Seopo-si on June 10, 2015.

Since a crosswalk is installed at a front door, a driver of a motor vehicle has a duty of care to prevent accidents in advance by making a person engaged in driving the motor vehicle well look at the front door, properly manipulates the steering direction and brake system, and pedestrians walk the crosswalk, such as making a temporary stop in front of the crosswalk, allowing pedestrians to pass first.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering direction and brake system, and instead, the Defendant received the victim C (the 73 years old) who dried the crosswalk from the left side of the running direction to the right side of the crosswalk as the front part of the said car.

Ultimately, at around 11:25 on the same day, the Defendant caused the death of the victim due to the above occupational negligence from the Seogpo Medical Center in Seogpo Medical Center in the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to A by the police;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”)

1. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types: Type II of ordinary traffic accidents;

(b) Special mitigation: No penalty surcharge; and

(c) The field of recommendation and the scope of recommendations: Reduction field, credit cooperatives of April to October;

2. Determination of sentence: He may follow the fact that the defendant was killed while driving in bad faith for six months or one year of suspended sentence of imprisonment without prison labor;

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