beta
(영문) 대전지방법원 천안지원 2015.04.16 2014고단1817

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of Hyundai Schlage Truck Truck Truck truck truck truck.

On November 14, 2014, the Defendant driven the above vehicle at a speed of about 60 km per hour from the boundary of the city to the side of the side of the bus stop at the 1st-day bus stop at the ASEAN-si, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, in order to drive the vehicle at a speed of about 00 km per hour.

At the time, there is a night and there is a village in the vicinity, so in such a case, the defendant engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the traffic accident in advance.

Nevertheless, the defendant is negligent in doing so.

A victim D (at the age of 78) who crosses the road from the right side to the left side is found late, and the above vehicle does not move to the left side of the victim by shocking the left side of the victim and the head of the vehicle.

Accordingly, the Defendant suffered from the injury of cerebrovassis and double pelkes to the victim due to the above occupational negligence, which led to the death of the victim at the site.

Summary of Evidence

1. Defendant's legal statement;

1. To enter a report 112 case handling table and a survey report on actual conditions, respectively;

1. To state the written result of autopsy;

1. Application of image Acts and subordinate statutes of accident-related photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

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

1. Scope of punishment by law: Not less than one month but not more than five years;

2. The range of recommended sentences according to the sentencing guidelines [decision of types] shall be limited to traffic crimes, the victim of Type II (Special Aggravation of Death from Traffic Accidents) among general traffic accidents shall be limited to cases where there is substantial negligence in the occurrence of traffic accidents, and the victim shall be sentenced to imprisonment without prison labor (the scope of recommended sentences).