beta
(영문) 광주지방법원 2020.06.23 2020고단1052

교통사고처리특례법위반(치사)

Text

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

However, 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

The defendant is a person who is engaged in driving of B galglass debris balmpir.

On January 3, 2020, at around 08:40, the Defendant was proceeding one-lane road in front of the Ham-gun C in the parallel direction from the parallel direction to the south side.

At the time, the inside dog was a pipe, and the driver was driving the victim D(84) driving vehicle in front of the defendant's driver's vehicle, so in such a case, the defendant engaged in the driver's business had a duty of care to care in advance by accurately manipulating the steering gear and operating the steering gear.

Nevertheless, the Defendant neglected to do so and negligently, caused the part on the left side of the motor vehicle which the victim gets loaded behind the motor vehicle left by his negligence, to be restored to the right side of the motor vehicle, by shocking the part on the front side of the motor vehicle.

Ultimately, around January 11, 2020, the Defendant caused the victim's death by occupational negligence in F Hospital located in Gwangju Dong-gu, Gwangju to the brupt of the gender, etc.

Summary of Evidence

1. Defendant's legal statement;

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

1. Protocol of inspection;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines [the decision of types] the general traffic accident [the category 2] the death of traffic accident [the special person] - the element of mitigation: the scope of mitigation [including a serious effort to recover damage] [the area of recommendation and recommendation] mitigation area, the imprisonment without prison labor for four to one year [the general person] mitigation element: the purchase of the comprehensive motor vehicle insurance and the serious half of sentence [the grounds for suspension of execution] - Major pride reasons: The amount of punishment - The amount of general pride clearly, serious reflective relation, the defendant.