beta
(영문) 전주지방법원 군산지원 2020.06.03 2020고단304

교통사고처리특례법위반(치사)

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

Punishment of the crime

The Defendant is a person who is engaged in driving of Lone Star Cargo Vehicles B.

On December 3, 2019, the Defendant driven the above cargo vehicle at the speed of 06:33, and proceeded at the intersection of the three distance in front of the National Institute of Ecology, which is the second line of 1210, in the Geumcheon-gun, Seocheon-gun, Seocheon-gun, Chungcheongnam-do, by the speed of 64.1km from the direction of the direction towards the intersection within the intersection, at the speed of 64.1km.

At the time, she is so she is placed in the vicinity, and the place is an intersection with a crosswalk where the yellow flash signal is operated, so it was confirmed whether a person engaged in driving service has a duty of care to safely operate the steering gear and brake system by accurately operating the steering gear and brake system.

Nevertheless, the Defendant neglected to go beyond the road by taking the victim C (Woo, 73 years old) to the right side of the road from the left side of the vehicle driving in the direction of the motor vehicle driving on the opposite side by negligence while driving on the front side of the motor vehicle.

Ultimately, the Defendant caused the above victim’s death by occupational negligence at the site of the accident, such as “defensage damage, brain damage, l99, l99.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to the actual condition survey report, field photograph of a traffic accident, body autopsy report, traffic accident analysis and letter of request;

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 selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The range of recommendation [the determination of types] according to the sentencing guidelines for traffic crimes, general traffic accidents [the category 2], the element of mitigation of traffic accidents [the person who is a special person]: the recommended range of punishment not (including serious efforts to recover damage) and the recommended range of punishment.