beta
(영문) 창원지방법원 마산지원 2017.12.22 2017고단1160

교통사고처리특례법위반(치사)

Text

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

except that the execution of a sentence shall be deferred 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 who is engaged in driving a C-Scar.

Defendant 1 driven the said car on May 30, 2017, while driving the said car and driving the road near the Haban-gun on May 30, 2017 from the law side to the law side, was driving at the front section by negligence of duty, which did not properly set the front section of the road.

After the E-driving, the parts of the E-driving are shocked by the front driver of the vehicle with the highest studio.

Ultimately, around August 8, 2017, the Defendant: (a) caused the victim F (75 years of age) who was on board a passenger car with the highest driver’s negligence as above to death by performing a surgery on August 8, 2017, on the basis of the bones-ro, Seo-gu, Busan National University Hospital, 179, due to the vertebraries of the bones and the breadth damage, etc.; and (b) caused the death of the merged witness.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. E statements;

1. The actual investigation report on traffic accidents;

1. A death certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 (Selection of Imprisonment without prison labor);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [the types of decisions] the two types of general traffic accidents [the persons who are subject to special mitigation] punishment (the determination of the recommended sphere] the mitigated area [the scope of recommended punishment] the mitigated area [the scope of recommended punishment] four months to one year;

2. The instant traffic accident of which the sentence was rendered, led to the occurrence of a serious consequence of the victim’s death.

However, in consideration of the fact that the defendant recognized the error and agreed smoothly with the victim's bereaved family members, the fact that the defendant subscribed to a motor vehicle comprehensive insurance, the fact that there is no other criminal history except for the punishment of a fine once 1992, the defendant's age, the course and result of the crime, etc., the punishment was determined as ordered.