beta
(영문) 서울북부지방법원 2014.07.08 2014고단1419

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaging in driving a motor vehicle for a PPP.

On December 24, 2013, at around 11:15, the Defendant stopped the signal signal signal at the intersection of the above shooting distance while driving three-lane roads in front of the shooting distance of a new bank located in Dobong-gu Seoul Metropolitan Government, Seoul, along a three-lane direction in the direction of a bachelor's degree in the direction of the direction of the movement.

The victim E (the age of 86) who enters the intersection from the left-hand side of the course due to occupational negligence that could not well see the right side and the right side when entering the intersection, did not discover the bicycle of the victim E (the age of 86) who enters the intersection from the right-hand side of the above car, and had the victim go beyond the right-hand side of the bicycle with the front side of the right-hand side of the above bicycle.

On December 28, 2013, at G Hospital located in Seoul Special Metropolitan City, Nowon-gu around 03:54 on December 28, 2013, the Defendant caused the death of the victim due to cerebral macy by blood due to acute climatic blood transfusion.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A death certificate;

1. On the spot, vehicle photographs, and dead photograph;

1. Comprehensive traffic accident analysis replies and traffic accident deliberation and analysis reports;

1. Investigation report (verification of damaged vehicle booms, death of the victim and confirmation of a signal system at the scene of the accident);

1. Application of field video CD-related Acts and subordinate statutes;

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. It is so decided as per Disposition for the reason that the suspended sentence is above Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below).

The reason for sentencing lies in the situation where the defendant neglected his duty of care and was driving while taking the instant accident and the victim died.

(A) According to the record, another passenger vehicle in the same direction as the defendant vehicle is recognized to stop the progress of the vehicle at the time to prevent the accident. However, at the time of the accident, the defendant's driving vehicle is green signal.