beta
(영문) 인천지방법원 2019.10.17 2019고단1583

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

The Defendant is engaged in the operation of CB15 CBC and Obama.

On November 23:43, 2018, the Defendant driven the above Obaba, and proceeded at a speed of about 50 kilometers in speed from the direction of the repair service distance to the direction of the bachelor's distance, along the two-lanes from the direction of the repair service distance, at a speed of about 50 kilometers in speed.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to observe the front side and the right side and the right side of the motor vehicle and to prevent accidents by safely manipulating the brakes and steering gear.

Nevertheless, the Defendant neglected this and instead caused the death of the victim C (at the age of 56) left-hand side of the victim C (at the age of 56) crossing the road from the right-hand side to the left-hand side of the Defendant’s proceeding at a point where the Defendant failed to properly control the Madow-si, etc., which led to the death of the victim due to the heart d hospital located in Incheon on January 29, 2019, by taking the body parts of the victim C (at the age of 56) who crosses the road from the right-hand side of the Defendant’s proceeding to the left-hand side.

Summary of Evidence

1. Court statement of the defendant (which is made on the sixth trial date);

1. Statement to E by the police;

1. Report on the occurrence of a traffic accident;

1. One traffic accident report, death diagnosis report (D hospital), opinion opinion, and F hospital;

1. On-site photographs;

1. Application of accident video CD-related statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor

1. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of a traffic accident (special-speed person], the element of mitigation: Where the injured party has gross negligence due to the occurrence of a traffic accident or the expansion of damage (the area of recommendation and the scope of recommendation], the area of mitigation of a traffic accident, and April through one year;

2. A pedestrian crossing shall be installed in the middle of the decision of sentence, while the driver drivess a motorcycle.