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(영문) 서울북부지방법원 2012.12.27 2012고단2584

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of B Poter Cargo Vehicles.

On July 24, 2012, around 09:45 on July 24, 2012, the Defendant continued to move from the right side of the apartment house to 105 east by collecting and removing the recycled clothes within the apartment complex located in the Nlimawon apartment complex located in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, 944.

When operating a cargo vehicle, a person engaged in the business of driving the cargo vehicle has a duty of care not to drive the cargo vehicle with people aboard.

Nevertheless, the Defendant was negligent in operating the above cargo vehicle while the victim C (the age of 68) was on board for the collection of clothes, thereby resulting in the victim C's death on the head side by falling off the way. On 27:34 of the same month, the victim C caused the death of the brain ties.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

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;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Application of Sentencing Criteria]: The scope of sentence for recommendations of Type II (Death resulting from traffic accidents): From April to October of the general traffic accident: Imprisonment without prison labor for the range of sentence: The factors to be mitigated among the special prisons: The general prisons who are not subject to punishment; the factors to be mitigated; the criteria for the substantial suspension of execution of anti-discrimination: The decision shall be made by comprehensively comparing and evaluating the factors to be taken into account; where death or serious injury occurs - The major reasons for non-taxation - the general pride - the reason for non-taxation of punishment - the fact that the defendant did not have any previous conviction other than a fine on one occasion, and that the victim has agreed with his/her bereaved family members, and the execution of imprisonment without prison labor shall be suspended in consideration of the