beta
(영문) 광주지방법원 2013.04.25 2013고단1066

교통사고처리특례법위반

Text

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

except that 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 of the CM5 vehicle.

On January 30, 2013, the Defendant driven the above vehicle around 05:40 on January 30, 2013, and proceeded with the three-lane road in front of the Habatobbbbber in the Song-dong, Gwangju Mine-gu, in the direction of the Song Love Hospital.

At the time, it was difficult to have a new wall leading to it, and the crosswalk was installed immediately after the passage of the distance crossing.

In this case, the defendant, who is engaged in driving of a motor vehicle, has a duty of care to check whether there is a person who gets on the way to reduce speed and check the right and the right and the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to do so and followed the victim D (Woo 74 years old) who dried the crosswalk to the right side from the left side of the direction of the vehicle due to the negligence of driving the vehicle.

As a result, the Defendant caused the victim D by the above occupational negligence, which caused the death of the victim D by the low blood transfusion shock during treatment at the E Hospital around 09:17 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry into the actual condition survey report and the death diagnosis report;

1. Application of each image statute of the scene of a traffic accident, evidence and photograph of the scene of the traffic accident;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Although Article 62(1) of the Criminal Act provides that the result of a crime, such as causing the death of a victim, etc., the punishment as set forth in the sentence shall be determined by the following consideration: (a) although the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution does not seem to be minor; (b) it is extremely agreed with his/her family members; (c) the defendant has no previous conviction in addition to the fine due to drinking driving once;