beta
(영문) 창원지방법원 거창지원 2018.08.08 2018고단136

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 wing and cargo vehicle B.

On March 30, 2018, around 11:00, the Defendant proceeded at a speed of about 10km from the side of the Yellow Farming Cooperative to the outer village of about 10km from the side of the Yellow Farming Cooperative.

At the same time, the width of the road is narrow, and at the edge of the road located on the right side of the road located on the right side of the road, the victim C (n, 87 years old) was growing the trees without knowing the fact that the above cargo is different, so in such a case, the driver of the vehicle has a duty of care to ensure that the victim's body is not faced with the vehicle, and that the driver of the vehicle has a duty of care to prevent the accident in advance by accurately manipulating the steering and steering devices.

Nevertheless, the defendant neglected to do so and negligently caused damage to the right side of the cargo vehicle, and the victim's head was over the floor, and the victim's head was assigned to the right side of the cargo vehicle.

After all, the Defendant caused the death of the victim by the above occupational negligence from the two parts.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on the occurrence of traffic accidents and reports on traffic accidents;

1. A corpse inspection report and a written opinion on autopsy, and a written report on autopsy;

1. Application of statutes on field map, on-site photograph, and satellite photograph;

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 stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- The occurrence of the instant traffic accident results in the death of the victim.