beta
(영문) 전주지방법원 정읍지원 2019.01.31 2018고단294

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 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 B1 ton and Class III cargo vehicles.

On June 28, 2018, the Defendant driven the above cargo vehicle around 18:53, and proceeded along the intersection in front of the Drown-gun C in the Goskwon-gun of North Korea along the intersection from the north-gun to the north-gun of the road one way.

In front of the defendant's proceeding direction, the victim F (80 years of age) was cutting the above intersection, so the defendant had a duty of care to see the front section well and accurately manipulate the steering system and brakes so as to prevent the accident from spreading.

Nevertheless, the defendant neglected this and got the above victim, who was standing the above intersection from the center to G from the center of the road, to go beyond the road due to the negligence of the above cargo vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at an I Hospital located in the Go Chang-gun of the former North Korea H on July 3, 2018, due to the cerebral tension caused by the thalutism during the escort treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to J;

1. The actual condition survey report;

1. Three copies of on-site photographs;

1. Two copies of the relevant photographs;

1. A report on investigation (victim status);

1. 112 reported case handling table;

1. nine copies of photographic pictures of a changeer; and

1. A death certificate;

1. Protocol of inspection;

1. Data reply according to cooperation in investigation affairs (119 emergency medical services performed);

1. Application of Acts and subordinate statutes to investigation reports (related to securing accident images);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of the sentencing of Article 62-2 of the Criminal Act on probation, community service order, and the order to attend a lecture was passing through an intersection by neglecting the risk of an accident while driving through an intersection of the one-lane road as the defendant has many commercial buildings around and congested, and the people passes at any time.