beta
(영문) 의정부지방법원 2020.01.14 2019고단3788

교통사고처리특례법위반(치사)

Text

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

However, 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 freight trucking from B Poter II freezings.

On March 7, 2019, the Defendant operated the above cargo vehicle on March 19:23, 2019, and driven the two-lanes of the two-lanes near the bus stops of 2887, Sejong Metropolitan City, Geumcheon-ro, Geumcheon-ro, 2887, Seonam-do, at Chump, one way in the direction of the Western inspection station at C, at a speed of about 88.3km (18.3km at a speed of 70km).

At the same time, the bus stops are nearby and the crosswalks are often located in a relatively remote distance, so in such a case, the defendant engaged in driving service has a duty of care to safely check the right and the right and the right and the right and the right and the right and the duty of care to prevent accidents in advance.

Nevertheless, by negligence, the Defendant neglected this, received the parts of the body part of the victim D (the age of 83, n) who walked on the right side of the bus stop in the direction of the moving direction from the direction of the bus stop to the center line.

As a result, the Defendant caused the victim's scarcity death in the emergency room of F Hospital E in the 21:17 Gyeonggi-si on the same day due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a 112 reported case settlement table, and a actual survey report;

1. A death certificate;

1. Requests for results of traffic accident analysis;

1. Vehicles involved in accidents and photographs of accident sites;

1. Application of the Acts and subordinate statutes governing virtual vehicle booms and video CDs;

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 selection of

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

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [the determination of types] according to the sentencing guidelines for traffic crimes: General traffic accidents [the category 2], the death of traffic accidents (the special person who is a person in special appearance]: The mitigation factor is serious to recover damage resulting from the failure to punish.