beta
(영문) 광주지방법원 순천지원 2016.04.07 2015고단2314

교통사고처리특례법위반

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 the operation of the Lone Star Co., Ltd.

On October 18, 2015, the Defendant driven the above vans around 21:27, and led to turn to the left at the entrance of the lux apartment at the 101-distance intersection in front of the Magyang-si, which is located in the Mayang-si Corning-si (Mayang-Eup).

Since there is no signal, there was a duty of care to make a left-hand turn safely after checking whether a person engaged in driving a motor vehicle temporarily stops and crosses the front side and the left or right of the motor vehicle.

Nevertheless, the defendant did not neglect the above duty of care and did not turn left right and left right, and the victim C driven by the driver of the victim C who was going to go straight behind the driver's knife of the driver's knife in the middle of the driver's knife while driving beyond the central line in order to avoid the collision with the driver's knife of the driver's knife, the defendant continued to proceed to go to the left side without finding it, and continued to proceed to go to the left side without finding it, with the front wheel of the above knife of the driver's knife in front of the above knife.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence, as a net tent 221, which was in the course of transmitting after around 13:48 on October 21, 2015, by the instant occupational negligence, caused the death of the victim, such as an exposure to the external wound in Rawls Hospital, in the instant net 221.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A rough map at the scene of an accident, and traffic accident evidence and photographs;

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

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 (the fact that there is no criminal history of imprisonment without prison labor or any heavier punishment and the bereaved family member of the victim shall be the suspended sentence;