(영문) 대구지방법원 김천지원 2016.05.18 2016고단66



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

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


Punishment of the crime

The defendant is a person who is engaged in driving a character B.

On November 24, 2015, the Defendant driven the above car at around 06:45, while driving it in Kimcheon-si, three lanes in front of the Dju Kimcheon-si Kimcheon-si in Kimcheon-si, followed the two-lanes from the new-dong side to the fishing side.

At the time, it was difficult to view the view around the new wall, and there was a place where people have frequent access to gas stations and apartment houses on both sides, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front door and the right and the right and the right and the right and the right and the right of the motor vehicle, and accurately manipulating the steering and brakes, thereby preventing accidents.

Nevertheless, the Defendant neglected this and got the victim E (the age of 82) to the left-hand side from the right-hand side of the masheded room where the Defendant proceeded as it was by negligence, and had the victim go beyond the floor by taking the victim E (the age of 82) into the front-hander and glass of the Defendant’s vehicle.

Ultimately, at around 06:45 on the same day due to the above occupational negligence, the Defendant caused the death of the victim from the injury, such as a tension with a tension, a crym crym crym, etc.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident occurrence report;

1. A survey report on actual conditions;

1. Application of death diagnosis certificates and statutes on-site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: Circumstances that are favorable to the occurrence of a serious result of the death of the victim: The act of the victim without permission at the location without a crosswalk appears to have contributed to the occurrence of traffic accidents or the expansion of damage; the fact that the victim has agreed with his/her bereaved family members; the fact that he/she was covered by a comprehensive insurance; the defendant's age, sex behavior, environment, etc