beta
(영문) 대구지방법원 김천지원 2018.05.30 2018고단221

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives Category C cargo vehicles.

On January 21, 2018, the Defendant driven the above cargo vehicle around 15:15, and proceeded along the road of the 4-lane adjacent to the 2210 deaf-si, Kimcheon-si along the intersection of the 2210 deaf-si, Daegu-si.

Since the victim D(84 tax) was driving on the one-lane in the same direction as at the time, a person engaged in driving a motor vehicle has a duty of care to check whether there is no one-lane vehicle in order to change the one-lane, and if there is a vehicle under way, the vehicle under way has a duty of care to reduce speed and change the one after the passage.

However, the Defendant neglected this and was driving by the victim as the left-hand side of the freight vehicle without checking the traffic status of the first lane, even though the Defendant was in the course of driving on the part of the victim.

EITI 100 U.S. EIT 100 U.S. A. H. driving by F, who was in a straight line on the opposite line, while the damaged vehicle was set up by the shock, resulting in the shock.

G Ttiball-cars and re-cars.

Ultimately, at around 11:55 on January 22, 2018, the Defendant caused the death of the victim at the I Hospital located in Kimcheon-si, Kimcheon-si due to the above occupational negligence, due to the blood transfusion, brain ties, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A statement of the occurrence of a traffic accident of F;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes to death diagnosis certificates and photographs of deceased persons;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2(1) of the Criminal Act Article 62-2(1) of the Order to Attend shall be [types] the types of general traffic accidents (Death or Injury of traffic accidents).