beta
(영문) 대전지방법원 2014.04.10 2014고단246

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 1 ton of cargo vehicle B and C.

On November 26, 2013, when the defendant drives the above vehicle at around 21:20 on November 26, 2013, and turn to the left at the right-hand distance from the side of the Seongbuk Hot Spring Saemaul Cooperative, the defendant is thoroughly able to turn to the right-hand high-speed ginseng, and the defendant was found to be the victim C (e.g., 75 years old) who was crossing the above vehicle to the intersection due to negligence when he was negligent in neglecting his duty of care to prevent the accident even though he had a duty of care to accurately operate the steering system and brakes, and even if he was negligent in doing so, he did not go to the right-hand side of the above vehicle and received the victim as the front side of the above vehicle.

Ultimately, the Defendant caused the death of a victim, who was receiving medical treatment at the E hospital located in Seo-gu Daejeon, Seo-gu, Daejeon by occupational negligence, due to cerebral pressure, etc. around December 8, 2013, around 02:50.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report and death diagnosis report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act / [Scope of recommending punishment] Traffic Crime Group, General Traffic Accidents (Type 2), Reduction Area, imprisonment without prison labor for 8 months from April to October (Pronouncement of sentence], one time to suspend the execution of two years of suspended sentence, one time to suspend the execution of two years of suspended sentence, agreement that the victim has no criminal record, and agreement that the victim has no criminal record, and the victim's intention to not punish, and a serious reflect on social relation;