beta
(영문) 수원지방법원 2015.11.19 2015고단4275

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving DNA vehicles.

On June 10, 2015, the Defendant driven the above car on June 10, 2015, and proceeded at the speed of 82 km at the speed of 82 km from the monthly cancer to the river basin of the water source in the 691-13 in Suwon-si, Suwon-si.

At night, in such cases, there was a duty of care to prevent accidents due to the person engaged in driving of the vehicle, and to observe the regulatory speed, and to prevent accidents due to the failure of the accident.

Nevertheless, the Defendant neglected to observe the speed of 60 km per hour, which is the regulatory speed of its location, and proceeded to the speed of 60 km, and received the victim E (the age of 25) who illegally crossed the crosswalk with the crosswalk in the state of the red color, from the left side of the car of the Kanif.

Ultimately, due to the above occupational negligence of the defendant, the victim died with the tension with the tension that he was receiving treatment at the Aju University Hospital located in Young-gu, Suwon-si, Suwon-si, 03:39 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (the actual survey report);

1. Photographss, photographs, body photographs, field photographs, etc. at the time of closure and measurement;

1. A written result of autopsy and postmortem examination;

1. Application of the dispatch Acts and subordinate statutes as a result of analysis;

1. Article 3 (1) and the proviso to Article 3 (2) 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, and Article 268 of the Criminal Act.

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service and Criminal Act [Scope of Recommendation] is the case where the victim is at considerable negligence in the occurrence of traffic accidents or the expansion of damage even in the area of special mitigation (two to ten months) of Part II of the General Traffic Accidents (Death resulting from Traffic Accidents) (Special Mitigation) (Special Mitigation). In addition to the circumstances presented as the above special mitigation (decision of sentence], the defendant reflects his mistake, and the first offender.