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(영문) 제주지방법원 2016.08.26 2016고단734
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 who is engaged in driving a Crane car.

On December 13, 2015, around 06:27, the Defendant came to proceed to the modern automobile from the direction of the LGbeststm, the office of a large-scale Eup located in the 200-ro, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si.

At all times, there was a delivery for pedestrians on both roads, and there was a crosswalk installed around them, so that there was a duty of care to safely drive the motor vehicle with the driver's duty of care to consider the right and the right and the right and the right and the right and the right and the right of the pedestrians.

Nevertheless, the defendant neglected this and did not discover the victim D(60) who illegally crossed the road without permission, and had the victim go beyond the victim as the front part of the above car.

As a result, the Defendant caused the victim to die from the foregoing occupational negligence on December 13, 2015 at the Seopopo Medical Center located in Seopopo-si, Seopo-si, Seopo-si, 47 (Dongpo-dong), thereby causing the victim to die from the low-blood shock.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on internal investigation (Attachment, etc. of video data), and a report on internal investigation (Analysis, etc. of CCTV video data for the control of parking and stopping);

1. Editorting photographs at the scene of an accident or photographs at the scene of a traffic accident;

1. Application of Acts and subordinate statutes of a death certificate;

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 the selection of imprisonment without prison labor;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, considering the following circumstances, the scope of sentencing guidelines for sentencing (the traffic crime group, general traffic accidents, type 2 (the type of traffic accidents), the special mitigation area, February to October of the imprisonment without prison labor) and the following circumstances, the following circumstances are considered: recognition of the facts of the crime and reflects on the favorable circumstances: the victim has a considerable fault in the occurrence of the instant accident (the road adjacent to the crosswalk without permission), and the victim’s bereaved family members and bereaved family members.

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