beta
(영문) 대구지방법원상주지원 2020.08.12 2020고단80

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and six months.

However, the above sentence shall be executed for three 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 Korean commercial 21 ton truck truck vehicle.

At around 11:50 on October 21, 2019, the Defendant continued two-lanes at a speed of 92 km from the Sung-ju to the scambing plane 136.5km of the Jung-gu Highway, which is located in the scamlet 1 at the time of stay.

At the time, the driver was engaged in the removal of miscellaneous trees on the side of the expressway at the time, so in this case, the driver had a duty of care to safely drive the steering gear by properly manipulating it.

Nevertheless, the Defendant neglected this and failed to properly operate the steering gear due to driving stroke, and the Defendant received the victim C (ma, 72 years old), D (ma, 54 years old), E (ma, 74 years old), and 74 years old from the side of the road on the right side of the running direction.

In the end, the Defendant caused the death of the victim C and the victim D in the above occupational negligence, and the victim E caused the dives of multiple shocks due to low blood transfusion shocks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, H, I, and J;

1. Report on the occurrence of a traffic accident, the actual condition survey report, and on-site photographs;

1. Each autopsy report, each autopsy report, and each death diagnosis report;

1. Results of traffic accident investigation and analysis;

1. Application of Acts and subordinate statutes to each investigation report (Evidence List 26,29);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Three persons were killed due to a traffic accident that caused the defendant's reasons for sentencing Article 62-2 of the Social Service Order Criminal Act.

The results are significant and harsh.

The defendant was driving 21 ton truck, and when he think of the risk, the defendant's negligence is also the fault of driving.