beta
(영문) 수원지방법원 2018.02.08 2017고단7422

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a J car freer vehicle.

On October 2, 2017, the Defendant was driving a car of the car of the Karen-gu, Young-gu, Gi-gu, Gi-si, Gi-gu, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, the right turn to the left while driving the car at the speed of the apartment in the direction of the seeing view.

At the same time, there was a left left-hand turn on the opposite lane, and the victim K (20 tax) was driving in accordance with LOtoba signals, and thus, the Defendant engaged in driving service had a duty of care to make a left-hand turn safely by accurately operating the steering direction and operating the steering system while well living on the front side and the left.

Nevertheless, the Defendant neglected this and neglected to turn to the left, received the full part of the victim's ozone part on the right side of the Defendant's car rental car from the Defendant's driver's driving to go beyond the floor.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the N Hospital located in Geung-gu, Young-si M on the same day at around 21:06 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect examination of the police against theO;

1. A traffic accident report, a survey report, and an accident site photograph;

1. Application of Acts and subordinate statutes to death certificates;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances examined following the suspended sentence)

1. Scope of applicable sentences in law: One month to five years’ imprisonment without prison labor; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] traffic crimes, general traffic accidents, Type 2 (Death of Traffic Accidents) [the person subject to special sentencing] no penalty (the scope of the recommended punishment], the area of mitigation of the punishment, April to one year without prison labor;

3.The sentence of sentence shall be determined as follows: