beta
(영문) 춘천지방법원 2014.11.27 2014고단1099

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B digging machines.

On September 18, 2014, at around 17:22, the Defendant completed the work of asking rainwater drain pipes into the ground on the front of D in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, and was driving a digging pool to return to the office.

At the same time, there were several persons, including victims E (59 years of age) who work together in the vicinity, and the body of the scooner is so big that the blind spot is not well seen. In such a case, the person engaged in the operation of the scooner has a duty of care to look at the front, rear, and left well, and accurately manipulate the steering and brakes, thereby preventing accidents.

Nevertheless, the defendant neglected to do so and completed work in the rear side of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by the two opening frame and the external cerebrovascular.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. Application of the Acts and subordinate statutes to the autopsy report on the corpse, report on internal investigation (on the spot exit status, etc.), investigation report (related to the statement of a shot person);

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the range of recommending punishment] the reason for sentencing under Article 62-2 of the Social Service Order Act [the range of recommending punishment] the mitigation area (including the special mitigation in April to October) (including the serious effort to recover the damage): the sentencing range and the recommended sentencing range: April to October (the sentencing decision]; the defendant is the primary offender; the victim's bereaved family members and the defendant reflects his fault.