beta
(영문) 서울서부지방법원 2017.02.16 2016고단3242

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a e-mail truck truck truck truck truck vehicle.

On August 26, 2016, the Defendant driven the above cargo vehicles around 15:49, and turned back at a low speed in the direction of 215 movement from the direction of the forest care center in the apartment complex 214 front of the 200 Dom-gu, Seodaemun-gu, Seoul.

Since the view of the rear side of the truck truck vehicle is limited in the driver’s seat of the truck truck truck vehicle, a driver is obliged to closely examine the rear side and the right and the right through the rear camera, and to prevent the accident by accurately manipulatinging the steering direction and the brake system.

Nevertheless, the Defendant neglected this and did not discover the victim F (the 72 years old) who walked in the direction of the fleet from the 214th direction of the latter cargo vehicle due to negligence, and did not discover the victim F (the 72 years old). The victim F (the 72 years old) was faced with the victim's body part with the back part of the above cargo vehicle, and went beyond the ground, and followed the victim's right side side side side part and the body part with the back side of the above cargo vehicle.

Ultimately, the Defendant caused the victim’s death on the spot due to the above occupational negligence by causing the victim to suffer from a prolonged damage and the right bridge.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs;

1. Application of Acts and subordinate statutes to dead bodies;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] The area of mitigation (4 months to 1 year) (the person who has been specially mitigated) of the mitigated area (the decision of sentence] of punishment is not imposed (the decision of sentence] of the victim's negligence and the result is very serious, and the apartment complex complex is located.