beta
(영문) 대전지방법원 논산지원 2017.03.21 2017고단74

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in modern 4.5 tons dump trucks.

On December 7, 2016, the Defendant driven the above vehicle at around 09:40 on December 7, 2016, and led to the flow of the assigned bridge in the repair of the Eup assigned to Chungcheongnam-gun, Chungcheongnam-do, along the Seocheon-do, along the two-lanes of the two-lane.

There is a duty of care to prevent accidents by reducing speed and operating a steering gear and brakes accurately, since it was difficult for the driver of a motor vehicle to flick the surface due to the cost of unloading a bridge and the driver of a motor vehicle.

그럼에도 피고인은 이를 게을리 한 채 그대로 진행한 과실로, 사고차량을 견인하기 위해 위 부여 대교 1 차로에 정차 중이 던 C 수성 봉고 3 언더 리프트 렉 커 차량을 뒤늦게 발견하고 브레이크를 밟았으나 빙판길에 피고인 차량이 미끄러지면서 위 렉 커 차량의 왼쪽 뒷부분을 피고인 차량 오른쪽 앞부분으로 충격하고, 그 충격으로 인해 다시 위 렉 커 차량이 앞으로 튕겨 나가 선행사고 처리를 위해 도로에 서 있던 피해자 D(72 세) 의 몸을 충격하였다.

Ultimately, due to the above occupational negligence, the Defendant caused the victim D’s death at the hospital granting dryyang University Hospital around 10:39 on the same day due to the low-blood shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

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

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accident No. 2 (Death by Traffic Accidents), the mitigation area (4 to 1 year), [the person who is specially mitigated] who is not subject to punishment (including efforts to recover damage] [the decision of sentence] victim due to the instant accident.