beta
(영문) 대전지방법원 천안지원 2014.09.19 2014고단838

교통사고처리특례법위반

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On February 24, 2014, the Defendant driving the above vehicle on February 17, 2017:30, and driving the vehicle on February 24, 2014, according to two-lanes from the 11st square complex of the Jeju Western-gu, Seoan-gu, Seoan-gu to the original intersection.

In this case, the defendant shall accurately operate the steering system, brakes and other devices of the vehicle, shall not drive the vehicle at such a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the vehicle, and there was a duty of care to safely report the traffic situation and prevent accidents in advance.

Nevertheless, the Defendant neglected such duty of care and found out the victim C (the age of 48) who crosses the road without permission from the right side of the proceeding to the left side, and received the victim from the front part of the above vehicle, resulting in death of the victim due to severe damage to the two parts and chests in the emergency room of the Macheon National University of Macheon National University at 18:31 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A death certificate;

1. Application of the Act and subordinate statutes to the field photographs, field survey photographs, and the output of the taxi stuffs

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act for the suspended sentence [decision of a suspended sentence] traffic accident in general traffic accident [Article 62(1)(Article 62(1) of the Criminal Act: Where there is substantial negligence on the occurrence of traffic accident or the expansion of damage even for the victim, a suspended sentence [decision of the recommended area]: February to October of imprisonment without prison labor for a limited period: Subscription to comprehensive motor vehicle insurance, serious reflectness, and no record of criminal punishment [whether suspended sentence of a suspended sentence of a suspended sentence of a death]; The occurrence of traffic accident is also caused to the victim.