beta
(영문) 대전지방법원 서산지원 2019.08.22 2019고단375

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 drives a wing and cargo vehicle B.

On September 13:00, 2018, the Defendant came to proceed from the west side of the west-si, the front of the road C to the west-do.

Since it is difficult to secure the view of a road bend to the right side and connected to the right side, in such a case, there was a duty of care to prevent traffic accidents by accurately manipulating the steering gear, brakes, etc. of the vehicle and by accurately manipulating the steering gear, brakes, etc.

Nevertheless, the Defendant neglected to do so and caused the left side of the victim E (the 79-year-old driver) driving the victim E (the 79-year-old driver) driving from the upper right side of the bed and from the southwest side by negligence, which led to the front side of the cargo vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence on September 13, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to G;

1. A report on internal investigation (road types, etc.);

1. Investigation report (investigation, etc. as to whether a cargo vehicle has an error);

1. Report on the occurrence of a traffic accident;

1. The actual condition survey report;

1. A death certificate;

1. CCTV images;

1. On-site inspection CCTV images;

1. Application of the Acts and subordinate statutes governing the settlement of field photographs and CCTV images;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. 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;

2. Determination of sentence is in violation of the defendant's duty of safe driving.