beta
(영문) 대구지방법원 2015.05.07 2015고단737

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 Cone Star bus.

On December 26, 2014, the Defendant driven the above vehicle at around 13:40 on December 26, 2014, and driven the road in front of the Yellow River Village, which is located in the Yellow-gu, Seocheon-si, Seocheon-do, Seocheon-do, with a speed of about 74 km at the speed, and operated the water protection area from the slope.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by properly operating the steering direction and brake system well and safely.

Nevertheless, the defendant did not discover the victim D (78 years of age) who was walking a bicycle from the right side of the defendant's proceeding to the left side and did not look into the victim D (78 years of age).

Ultimately, at around 14:30 of the same day, the Defendant caused the death of the victim D in the emergency room of the Youngcheon-gu Hospital located in the Youngcheon-si Hospital from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination 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. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] The area of mitigation (including special mitigation in April to October) of types 2 (the area of mitigation in traffic accidents) [including efforts to recover damage] [decision of sentence] the defendant has caused the serious result that the defendant is the victim's death due to the accident of this case, but the defendant has agreed to the victim's bereaved family members and the bereaved family members. However, the defendant has entered into a comprehensive insurance, the defendant is the primary offender, and the defendant is the defendant's age, character and behavior, character and environment, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc. are considered.