beta
(영문) 대구지방법원 의성지원 2018.02.08 2017고단323

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 engaging in driving QM5 automobiles.

On November 5, 2017, the Defendant driven the above car at around 16:05, and proceeded with the local highway No. 79 located in 1036-1 of the Mari-ri-ri-ri 1036-1 of the Sung-gun-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri.

At the time of the defendant's running direction, the victim B(74 tax) was driven and walked by the victim B(74). In such a case, there was a duty of care to safely drive the vehicle by viewing the front door well and accurately operating the steering and steering system.

Nevertheless, the defendant neglected to do so and failed to discover the victim of the previous passenger vehicle by neglecting the duty of the previous passenger vehicle, and caused the victim to go beyond the road by shocking the back part of the victim's driver's license to the front part of the previous passenger vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on November 23, 2017, at Ansan-si C, and at D’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s hospital’s clinic, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reporting on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order has resulted in serious consequences of the death of the victim due to the instant traffic accident, and the defendant's failure to agree with the victim's bereaved family members, etc. are disadvantageous to the defendant, or the defendant's mistake is recognized and contradictory, the vehicle operated by the defendant was covered by the comprehensive insurance, and the defendant's same criminal records and charges.