beta
(영문) 대구지방법원 서부지원 2016.07.29 2016고단923

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 B-learning car.

On April 5, 2016, the Defendant driven the above car at around 15:56, and proceeded to turn to the left at a speed of about 20 km from the right edge to the elementary school of the sending day, with the visible distance in front of the right edge, from the right edge to the right edge of the right edge, the Defendant turned to the left at a speed of about 30 km from the right edge to the right edge of the right edge.

Since there is a crosswalk, there is a duty of care to prevent accidents in advance by checking whether a person engaged in driving of a motor vehicle has a road to reduce speed and to see well the right and the right of the motor vehicle, and by safely driving the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded on the part of the Defendant’s negligence on the left side of the victim C (74 years old) who passed the crosswalk to the right side of the right-hand side of the said car and had the victim go beyond the ground.

As a result, the Defendant caused the death of the victim by occupational negligence at the emergency room of the Gancheon University Hospital located in Daegu Jung-gu, on April 6, 2016, at around 08:52, the Defendant caused the death of the victim due to the death of the victim due to the external brain thirrosis in the emergency room of the Gancheon University Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes to photographs of the scene of an accident, photographs of harming vehicles, and CCTV at the scene of an accident;

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 suspended execution (see, e.g., Article 62 (1) of the Criminal Act (i.e., the confession of the crime of this case by the defendant, the primary crime, the victim's bereaved family members want to find the defendant's wife by mutual consent with the victim's bereaved family members,