beta
(영문) 의정부지방법원 2015.12.18 2015고단2921

교통사고처리특례법위반

Text

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

except that 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 engaging in driving a DNA car.

On March 15, 2014, the Defendant driven the above car on March 13:50, and moved back the side road without distinguishing the two lanes from the front road in the city of the Gyeonggi-do government to the KCC apartment room from the front road in the city of the Gyeonggi-do government.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by reducing speed and properly manipulating the operation and steering gear of the motor vehicle.

Nevertheless, the Defendant neglected this and received the victim F (78 years of age) who walked on the road at the same time due to negligence, as the back part of the car of the Defendant.

As a result, the Defendant suffered from cerebral cerebral cerebrovasculars from the above occupational negligence. On November 3, 2014, the Defendant received medical treatment at a green hospital affiliated with the original medical foundation at the Green Hospital around 14:05, resulting in the death of cerebral cerebral cerebrs.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The chief of a complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General traffic accident [Article 62(1) of the Criminal Act] The area of mitigation of punishment (Article 2-10 months to April 10] [Pronouncement Decision] imprisonment without prison labor] 6 months, and the period of suspended execution 2 years: The circumstances favorable to the fact that the death of a victim due to the defendant's negligence in the operation of the crime in this case occurred: The defendant is against himself/herself, the fact that he/she is admitted to all of the crimes in this case, the fact that he/she has no criminal history, the fact that he/she has taken relief measures, the fact that he/she has agreed with the victim's bereaved family members, the age, character and conduct