beta
(영문) 대구지방법원 포항지원 2018.02.21 2018고단7

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

The defendant is a person who is engaged in driving a low-priced car.

On November 21, 2017, the Defendant driven the above car at around 23:35, while driving it at the north-gu at port, 139, the two-lanes in front of the customs office at port, and the two-lanes in front of the customs office at port at the port at the port at the port at the port at the speed of about 62 km from the surface of the port at the port at the port at the port at the port at the port at the port at the port at the port.

At the same time, there are frequent traffic of pedestrians in the vicinity of the crosswalks where signal lights are installed, and at the same time, it was not good for pedestrians to view the front door due to the headlights of other vehicles passing at night. In such a case, the Defendant has a duty of care to reduce the speed and prevent accidents by properly examining the right and the right and the right of the road.

Nevertheless, the Defendant neglected this and got the victim C(60) who was unauthorized to the right side from the left side of the progress direction due to occupational negligence, and got the front part of the above vehicle.

As a result, the Defendant caused the above victim to die from the same occupation due to a multiple occupational injury, etc. due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A report on traffic accidents and a survey report on actual condition;

1. A corpse death certificate;

1. On-site photographs of the accident scene and photographs of the victim;

1. Application of Acts and subordinate statutes to investigation reports (as to skiing marks formed on roads);

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 on the suspended execution (the fact that there is an agreement with the bereaved family members of the victim, the fact that there was a negligence of the victim, and the fact that there is no previous offense

1. Article 62-2 of the Criminal Act of the Order to Attend (Consideration of the fact that at the time when the defendant presumed to have been accelerated at a speed of about 40 km from 40 km/h to 62.3 km above 20 km at a speed of about 62.3 km/h) of the Criminal Act (see, e.g., Supreme Court Decision 201Da19.1m on the surface of the instant land);