beta
(영문) 대구지방법원 2020.05.21 2020고단714

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 is engaged in driving a eight-mast sport.

Around 15:05 on December 8, 2019, the Defendant driven a light flag with a view to driving the farm road in front of Yongcheon-si into a village protection area from C to D.

The driver had a duty of care to operate safely by accurately operating the steering gear, such as the steering room and the left and the right of the driver, and the driver of the vehicle.

Nevertheless, the Defendant neglected this and went away to the left side of the road, and went away to the road, and caused the victim to be divided into the upper part of the victim E(77 years of age) on board the road, which was a part of the loading box of the Defendant horse, to be a part of the loading box on the road.

Ultimately, the Defendant caused the above victim’s death by the occupational negligence as a part of the pulmonary part of the instant temporary site, which is divided into a multiple trauma and a light wound.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. A report on the occurrence of a traffic accident and the actual condition investigation report on a traffic accident;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes to photographs of the scene of accident, and of the deceased;

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

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. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. Determination of sentence: A person shall be sentenced to imprisonment without prison labor, as he/she violates his/her duty to safely drive the lag for six months or one year grace period, thereby causing a serious result.

However, the defendant's mistake is recognized.