beta
(영문) 대구지방법원 경주지원 2015.05.28 2015고단130

교통사고처리특례법위반

Text

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

except that 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 a marina vehicle B.

On November 18, 2014, around 06:50 on 06:50, the Defendant driven the said car at a point of 80.5 km located near the New-Eup, Seocheon-si, Busan, Busan, at a point of 80.5 km, along the two-lane road from Daegu to the racing, the Defendant driven the said car at an indefinite speed.

Since there is a hond road, there was a duty of care to prevent accidents in advance by reducing speed, ensuring that a person engaged in driving of a motor vehicle is well able to live well, and safely proceeding to protect his/her own lanes.

Nevertheless, the Defendant neglected to do so and received the right side part of the victim C(59 years old) driving on the same direction from the one-lane, which was going in the same direction, from the negligence of breaking the first line, as the part on the left side of the freight vehicle of the Defendant driving.

Ultimately, the Defendant caused the death of the victim E (e.g., 54 years of age) who was on board the cargo vehicle due to the above occupational negligence in the East National University, University, Racing Hospital emergency room located in 87 in the East National University, which had been under the follow-up treatment at around 07:36 on the same day, and at the same time caused the victim C to suffer injury, such as an abruption in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. A corpse inspection report and a diagnosis report;

1. Application of 27 copies of on-site photographs and damaged photographs to Acts and subordinate statutes;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 2 (Death Caused by Traffic Accidents) (4-10 months) in the mitigated area (special mitigation) (4-10 months).