beta
(영문) 대구지방법원 2015.08.13 2015고단2507

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bus B.

On May 8, 2015, the Defendant driven the above bus on May 17:45, 2015, and continued the frontway D in Daegu Northern-gu C in the direction of the Daegu Hospital.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering and steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant was negligent in driving a bicycle on the right side of the running direction while neglecting this, and received the victim E-driving bicycle riding along the crosswalk from the right side of the running direction.

Accordingly, the Defendant caused the victim to die due to the above occupational negligence on May 9, 2015, at Daegu-gu 2nd park around 06:16, and at the Daegu-gu 2nd park, Daegu-gu 33, the Defendant caused the death of the victim due to the dunes of two traumas at the university hospital.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes of a death certificate;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] where there is considerable negligence on the occurrence of a traffic accident or the expansion of damage even to the victim in the area of special mitigation (two to ten months) (special mitigation) [including efforts to recover damage] under Article 62(1) of the Criminal Act [Special Mitigation] / The defendant has caused the serious result of the victim's death of the victim of the instant accident, but without permission, the victim's without permission cross-breadth has also caused the occurrence of the instant accident; the victim's bereaved family members and the victim's bereaved family members and the mutual aid association; the victim's age, character and behavior, intelligence and environment; the motive, means and result of the crime; and the circumstances after the crime.