beta
(영문) 광주지방법원 2012.11.15 2012고단5134

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 B knife vehicle.

On May 17, 2012, at around 22:25, the Defendant continued the front road of Gwangju Northern-gu C using one-lanes between the two-lanes, from the north-gu office building distance to the front road of Gwangju-gu.

At the same time, there is a lot of traffic of automobiles and pedestrians around the market, and the accident time was difficult to turn on the front-round market due to the light of the headlight of the vehicle, etc. coming from the opposite direction at night. In such a case, the driver of the vehicle has a duty of care to ensure the safety of the course by reducing speed and checking well the right and the right and the right of the vehicle and to safely proceed.

그럼에도 불구하고 피고인은 이를 게을리 한 채 막연히 진행한 과실로 진행방면 우측에서 좌측으로 차로를 횡단하다가 중앙선에 서있던 피해자 D(여, 19세)를 가해차량 좌측 전면 부분으로 충격하여 반대차선으로 튕겨 나가게 하여 마침 반대편에서 진행하던 E 운전의 F 택시가 피해자를 역과하게 하였다.

Accordingly, the Defendant caused the death of the victim due to brain damage, etc. due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol and statement of the police officer in relation to E;

1. The actual survey report and the photograph of a traffic accident;

1. Application of Acts and subordinate statutes on a written autopsy;

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 (hereinafter referred to as the following sentencing grounds) (the decision of a sentence) is a traffic crime group. 01 ordinary traffic accidents.

2. Death of a traffic accident (special sentencing) - When the victim of a special mitigation is at considerable negligence in the occurrence of a traffic accident or the expansion of damage (decision on the recommended area), the mitigation area [the scope of recommendation area] shall be from April to October.