beta
(영문) 창원지방법원 통영지원 2016.05.04 2016고단236

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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On February 10, 2016, the Defendant driven B Poter Cargo Vehicles around 06:30 on February 10, 2016, and got three lanes in front of Samsung Heavy Industries apartment at the 3-lane ep. 3-lane e., the e., the e., the e., the e., the e., the e., the e., the e., the e. B

Since there was a pedestrian crossing the road at the time, there was a duty of care to ensure that pedestrians can safely cross the road with a sufficient safety distance with pedestrians.

Even so, Defendant C (the age of 68) was the victim C (the age of 68) who is crossing the left-hand side from the right-hand side of the Defendant’s proceeding to the front side of the Defendant’s cargo vehicle due to negligence while neglecting the above duty of care.

After all, the Defendant caused the death of the victim due to the above occupational negligence due to the pulmonary damage caused by the de facto damage of the E hospital located in Dao-si on February 10, 2016 by the Dao-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

1. A death certificate;

1. A written agreement;

1. Each report on investigation;

1. Application of CCTV images CDs and photographic Acts and subordinate statutes;

1. Relevant laws, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Selection of imprisonment without prison labor, Article 268 of the Criminal Act, concerning criminal facts;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general traffic accidents in the range of the recommended punishment [the scope of the recommended punishment] and the scope of the special mitigation area (the period between February and October) (the special mitigation person] (the victim is not subject to the punishment of the victim where he/she is negligent in causing traffic accidents and expanding damage;

2. Determination of sentence - Determination of sentence - Unfavorable circumstances: The result of damage caused by death is too heavy;

점. - 유리한 정상: 편도 3 차로의 비교적 넓은 도로를 새벽 녘 무단 횡단한 피해자의 과실도 적지 않은 점, 피해자의 유족과 합의한 점, 피고인에게 아무런 전과...