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(영문) 제주지방법원 2015.12.10 2015고단1567
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 driving a gallon vehicle.

On August 9, 2015, the Defendant driven the above vehicle at around 05:10, and proceeded along the two-lanes in the direction of the Namwon-Eup in the direction of the Namwon-dong, Seopo-dong, Seopo-dong, Seopo-dong, Seopo-si, Seopo-si, Seopo-do.

At the time, it was difficult for a person engaged in driving service to take full-time light due to the headlights of a vehicle with a new wall time, which was difficult to start. In such a case, the person engaged in driving service has a duty of care to reduce the speed and properly manipulate the brakes, and prevent accidents in advance by accurately manipulating the brakes, steering devices, etc.

Nevertheless, the Defendant neglected to do so and discovered at the latest a gallon vehicle that is operated by the victim D (the age of 64) in the same direction in the same direction at the accident place, and received a light loading part in front of the Cgallon vehicle.

Ultimately, the Defendant had the victim D with the above occupational negligence caused the death of the victim E (V) who was enrolled in the horse at the Seopo Medical Center that was under transmission treatment at around 12:00 on August 10, 2015, due to an excessive withdrawal from the blood transfusion, etc., and had the victim E (V, 72 years of age) who was enrolled in the horse at the time of the horse transport service at the F Hospital that was under follow-up treatment at around 18:09 on August 19, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

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

1. Each death certificate;

1. Application of Acts and subordinate statutes to photographs of accident site and postmortem photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The suspended execution is agreed with the bereaved family members of the victim under Article 62(1) of the Criminal Act, the vehicle is covered by a comprehensive insurance, the defendant recognizes the facts of the crime and reflects the principal's care in depth, and it is more severe than a fine.

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