beta
(영문) 대구지방법원 안동지원 2018.10.19 2018고단433

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 a C Poter cargo vehicle.

On November 28, 2017, the Defendant got the victim F (84) who was crossing the road from the right side to the left side due to the negligence of violating the duty of Hax High School, while driving in the direction of Taex High School, along with one lane on the third-lane road in front of the E pharmacy in Ansan-si, Andong-si, Do, at the direction of the Hax High School. The Defendant got the victim to go beyond the road on the top side of the left side of the said cargo vehicle, and followed the opposite direction thereafter.

G Driving’s HHHH car had the victim go against the victim.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the I Hospital located in the Dong-dong city around 19:25 on the same day due to the cerebral brain injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. G statements;

1. The actual survey report and each photograph;

1. Application of a death diagnosis report, preliminary autopsy report, and response to a request for appraisal;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the sentencing criteria [the range of recommended punishment] [the range of recommended punishment] is not imposed in the area of special mitigation (two months to one year) (the area of special mitigation], and the victim is negligent due to the occurrence of traffic accidents or expansion of damage;

2. The driver's negligence in the decision of sentence led to a serious result that the victim's death could not be observed.

However, the defendant recognizes his mistake and is against his will.

The defendant paid 15 million won to bereaved family members of the victim and agreed to do so.

The defendant seems not to be easy to find out the victim who was crossing the road at the night.

The defendant has no criminal records of suspended execution or more.

In addition, the defendant's age, sex, environment.