beta
(영문) 인천지방법원 2018.03.14 2017고단9148

교통사고처리특례법위반(치사)

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

Punishment of the crime

The Defendant is a person who is engaged in the duty to drive a Grand Co., Ltd.

On October 24, 2017, the Defendant driven the above van on the 16:45 on October 24, 2017, and, at the speed of about 20 km, the side road of the 17-4 Hosan apartment-ro 318, Nam-gu, Incheon, Nam-gu, Seoul, led to a speed of about 30 km from the boundary of the literature world to the Ansan church.

Since there are no signals, it is a private-distance intersection where no signal is installed, the driver of the motor vehicle has a duty of care to reduce the speed to the person engaged in the driving of the motor vehicle and to check whether there is a pedestrian by properly operating the steering direction and brake system, and to prevent accidents in advance.

Nevertheless, the Defendant neglected this and got the victim D (the age of 74) who was coming from the left-hand side of the proceeding direction due to the occupational negligence that led to the left-hand turn, and continued to turn the victim beyond the road to the front wheeler of the above Gohap.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence above, which led to the death of the victim due to the severe injury to the hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to E;

1. Reporting on the occurrence of a traffic accident and reporting thereon;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes to site photographs, etc. and photographs of changeers;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment according to the sentencing guidelines / [type determination] / Class 2 (Death, etc. of Traffic Accidents) (Special Sentencing) - The mitigated elements: The scope of the recommended punishment / [including serious efforts to recover damage] mitigated areas / [the scope of the recommended punishment] from April to one year [the scope of the recommended punishment] of imprisonment without prison labor / The mitigated factors: the comprehensive motor vehicle insurance;