beta
(영문) 대전지방법원 서산지원 2020.01.30 2019고단1088

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 K7 car.

On July 15, 2019, the Defendant driven the above car on July 21, 2019, and driven the front road of the Seosan City at the speed of about 136 km in the direction of the Si, along the two lanes in the direction of the Sinsan City.

At the time, since it is night and its place is 80km per hour, there was a duty of care to reduce the speed to below the speed limit and to accurately manipulate the steering direction and brake system to prevent accidents.

Nevertheless, the Defendant neglected to do so and proceeded at a speed exceeding 56 km per hour while driving the restricted speed in the front bank, but did not find out the malfunction of the victim D(18 years old) that was driven in the front bank, and received the front part of the victim's driver's vehicle as the front part of the driver's vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the F Hospital located in Young-si E in Suwon-si, Suwon-si, where the victim was under the follow-up treatment at around 10:27 on July 20, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

1. Reporting, etc. on the occurrence of traffic accidents;

1. A traffic accident engineering response and traffic accident engineering analysis report;

1. A death certificate;

1. Bluckings images and CCTV images;

1. Application of Acts and subordinate statutes to site photographs, etc. and current body photographs;

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;

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

1. Extent of the recommended sentence according to the sentencing guidelines [the determination of types] of traffic accidents in general, [the type 2] factors to mitigate the death of traffic accidents (including any special person]: Where the aggravated factors of punishment are serious (including serious efforts to recover damage): Cases of illegality among the proviso (excluding subparagraph 8) of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;