beta
(영문) 대구지방법원 2013.04.11 2013고단629

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 who is engaged in driving a B car car.

On November 27, 2012, the Defendant driven the above car on the 05:27th day of November, 2012, and led the two-lanes from the front side of the veterans' office located in the Daegu-gu Grand-dong to the front mountain distance.

In such cases, a person engaged in driving service has a duty of care to live well on the right and the right and the right, and drive safely.

Nevertheless, it was not found that the victim C (26 years of age) who was crossing the road without permission from the left side by negligence of neglecting the Jeonju City as it is, but did not discover the victim C (26 years of age) and received the part of the victim's body in front of the passenger car.

Ultimately, at around 00:32 on December 4, 2012, the Defendant caused the death of the victim due to the above occupational negligence, such as double alley in the Daegu-gu D Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Investigation report (investigation of shots, attach photographs of their place of occurrence, and attach photographs of shots);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes concerning postmortem records;

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 Suspension of Execution [the scope of punishment] The reason for sentencing under Article 62(1) of the Criminal Act [the scope of punishment] 1 to 5 years [the decision of punishment ] General traffic accidents, the death of traffic accidents (type 2] : the victim also has considerable negligence in the occurrence of traffic accidents, and the victim is not subject to punishment [the scope of recommendation] special mitigation [the scope of recommendation] from February to October [the general person] of imprisonment without prison labor / the special mitigation range / the amount of mitigation [the amount of punishment / the amount of reduction / the amount of reduction / the amount of comprehensive motor vehicle insurance, the amount of aggravation of sentence / the same criminal record that does not fall under repeated crimes]. The main reason for suspension of execution is that the death (unlawful)