beta
(영문) 대구지방법원 경주지원 2016.05.11 2015고단943

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of a DPoter II cargo vehicle.

On August 24, 2015, the Defendant came to turn to the left the F Mart parking lot from the side of the Korea Atomic Energy & Environmental Authority to the left of the F Mart parking lot.

At that time, in the front of the FM parking lot, the victim G(68) was crossing the road, so in such a case, there was a duty of care to look well at the front and right side of the vehicle driver and to prevent the accident by properly manipulatinging the steering gear and brakes in advance.

Nevertheless, the defendant neglected this and neglected to turn to the left, and caused the victim crossing the road to go beyond the victim by shocking the front part of the above cargo vehicle, and caused the head to go against the floor.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the Dong-dong University Hospital, which was in the process of transmitting the victim to around August 29, 2015, and was in the process of treating the victim at around 05:21, the Defendant caused the death of the victim due to cerebral cerebral cerebralop from the credit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes to a traffic accident report, each traffic accident report, accident-related photograph, and death certificate;

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 stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences: One month to seven years and six months from the imprisonment without prison labor;

2. Application of the sentencing guidelines [Determination of types] Traffic crimes, general traffic accidents, and types 2 (Death or Injury of Traffic Accidents) [Special Mitigation Elements] Punishment Non- [Scope of Recommendation and Punishment] of imprisonment without prison labor for April to 10 (general mitigation elements] purchase of motor vehicle comprehensive insurance [general aggravation elements] same criminal records that do not constitute repeated crimes;

3. Determination of sentence: Defendant who is sentenced to imprisonment without prison labor for ten months and two years of a suspended sentence;