beta
(영문) 창원지방법원 2016.08.11 2016고단1760

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

Criminal facts

The defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

On April 16, 2016, the Defendant driven the above cargo vehicle around 00:20 on April 16, 2016, and led the D convenience store C located in the window of Changwon-si to proceed to the direction of the string in the direction of the string road.

Since a house not supported by traffic control is an intersection where the passage of a vehicle is frequent, there was a duty of care to check whether a person engaged in driving a motor vehicle enters the intersection by reducing the speed or temporarily stopping the vehicle, and to prevent the accident in advance by driving the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not temporarily reduce or temporarily suspend the speed prior to the entry into the intersection, thereby resulting in a problem of the U.S. which is driven by the victim E (51 Do) driving in the direction of the ring-in bridge direction from the direction of the ring-in bridge, and received the right side part in front of the left side of the said cargo.

Ultimately, at around April 18, 2016, the Defendant caused the victim to die by responding to the pan-blood blood due to ex post facto depression in the H hospital located in G in the window G of Changwon-si, Changwon-si on the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of each statute on photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accidents Act No. 2 (Death by Traffic Accidents) [the Special mitigated person] / [the victim] has been negligent due to the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage), 6 months of imprisonment without prison labor or 1 year of suspended execution (the victim is also at fault).