beta
(영문) 대구지방법원 2014.12.11 2014고단5411

교통사고처리특례법위반

Text

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

However, 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 car of Coinado sports cargo.

On August 30, 2014, the Defendant driven the above cargo vehicle on August 18:13, 2014, while proceeding one lane among the three-lanes in the Namcheon-gu, Namcheon-gu, Taecheon-gu, Taecheon-gu, the Defendant got a knife-distance Intersection with a signal.

However, since the above intersection was the two directions signal at the time, the person engaged in driving service had a duty of care to check whether the vehicle is in progress in accordance with the straight line on the opposite lane by properly examining the front side of the internship.

Nevertheless, the defendant neglected to do so and caused the collision to go beyond the road by driving D, D, 49C, the front part of the victim C(59 years old) driving, which is proceeding in accordance with the straight line on the opposite lane, due to the negligence of the defendant, and having the victim go beyond the road.

Ultimately, on August 31, 2014, around 09:54 on August 31, 2014, the Defendant: (a) caused the death of the victim due to cerebral le from Daegu-Tol Hospital, which was located 33, 17-gil-gu, Daegu-gu, Daegu-gu, to death.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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

1. A death certificate;

1. Application of Acts and subordinate statutes on accident site photographs;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and to attend a compliance driving lecture [the scope of recommendation] general traffic accident category 2 (Crime of Motor Vehicle Accident Death, etc.) [Special Mitigation] mitigation area (Article 4-10 months] [including efforts to recover damage] punishment and non-execution (including voluntary efforts to recover damage] [decision of sentence] Defendant caused the serious result that the victim is dead by the accident of this case, but the Defendant is in depth against the crime of this case.