beta
(영문) 의정부지방법원 2018.09.04 2018고단2663

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 low-priced car.

On March 27, 2018, the Defendant driven the above car at around 09:50 on March 27, 2018, and led the four-lanes in front of the C in South-do, Namyang-si, Seoul, to the string distance from the south to the string distance.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, and has a duty of care to safely drive the motor vehicle by checking well the right and the right and the right of the motor vehicle.

Nevertheless, the victim D (80) who crosses the above road to the right side on the left side is found to be late, and the victim's body was found to be the front part of the defendant's driver's car.

Ultimately, the Defendant caused the above victim to die by occupational negligence on May 19, 2018 at the F Hospital located in E in Namyang-si, Namyang-si, Gyeonggi-do on May 19, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, on-site photograph, and on-site map;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The ground for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] In the area of special mitigation (two months to one year) [the victim], where there is considerable fault in the occurrence of traffic accidents or the expansion of damage, the victim was not punished (including efforts to recover damage) [the decision of the sentence] where the victim died due to the instant traffic accident.

Although the victim was trying to cross without permission, it was not at night and there was no special visual obstacle, and the victim was driving on the four-lane road while the victim was driving on the four-lane road without permission.