beta
(영문) 전주지방법원 남원지원 2017.09.05 2017고단151

교통사고처리특례법위반(치사)

Text

The punishment of imprisonment without prison labor for defendants shall be determined by eight months.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a math mobile motor vehicle B.

On May 27, 2017, the Defendant was driving a vehicle with the above-round moving oil around 11:40, and was going to turn to the left at the left of the remaining side of the Plaintiff in the area of the mountain and mountainside of the Namwon-si.

Since there was an intersection where traffic signal, etc. is not installed, there was a duty of care to prevent accidents by safely driving a motor vehicle driver by making it possible for the driver to live well the right and the right and the right and the right and the right and the right and the right at a speed.

Nevertheless, the defendant neglected to turn to the left without neglecting it and proceeded to the right side of the victim D(80 cc) driving on the right side of the road in the direction of the defendant's proceeding and passing through the intersection. The part of the right side of the victim D(80 cc) driving on the right side of the victim D(80 cc) to the front part of the vehicle in front of the moving oil.

Accordingly, the Defendant caused the death of the victim by occupational negligence at the pre-university hospital located in 42, Dong-gu, Gwangju, Gwangju, about May 29, 2017, due to the diversous shock from the pre-university hospital in 16:04.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, on-site photographs of accidents, death certificate, and postmortem report;

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. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] The grounds for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] general traffic accident Type 2 (Death by Traffic Accidents) [the person subject to special mitigation] [the person subject to special mitigation] who is not subject to punishment (the decision of sentence] below, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, shall be determined by taking into account the following circumstances

Unfavorable circumstances - the death of the victim due to the instant case.