beta
(영문) 대전지방법원 공주지원 2017.12.01 2017고단346

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

Around 17:40 on September 1, 2017, the Defendant is driving a wing-wing truck with B in front of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and is proceeding on the surface of the wind. Since the speed limit is at a point of 50km per hour, the Defendant: (a) performed an automobile driving business with a duty of care to take full-time and right-hand side; (b) observe the steering line and the speed limit; and (c) operate the steering system accurately, and (d) has a duty of care to operate the steering gear and the operation of the steering system in front of the Defendant at the time, while neglecting this duty; (b) caused the victim’s bicycle driving in the same direction to go ahead of the other way; (c) discovered the above victim’s death in excess of about 44 km meters per hour; and (d) received the bicycle driving of the above cargo with the front part of the vehicle and sent the front part of the bicycle to Daejeon-gun, etc.; and (d) provided the victim with the rear wheels on 15 19:0 on July 13, 19, 10.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police for E;

1. Report on the occurrence of a traffic accident, report on a traffic accident, and report on an investigation (request for appraisal, reply to request for appraisal, and CDs in black stuffs);

1. A death diagnosis report, autopsy report, response to a request for appraisal, and a traffic accident analysis appraisal report;

1. The application of two Acts and subordinate statutes to on-site photographs, visual images, and photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act [the grounds for sentencing under Article 62-2 of the Order to Attend a School shall be the traffic accident in the case of this case where the two types of general traffic accidents (the death of traffic accidents) [4 months-1 years] mitigation area (including special mitigation persons] punishment not (including serious efforts to recover from damage] punishment, non-permanentity (including the decision