beta
(영문) 대구지방법원 2019.07.24 2019고단1995

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and 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

On March 26, 2019, at around 09:31, the Defendant driven a B Poter Cargo and proceeded to turn to the left at the right side of the east-ri, from the face of the person who was the D Poter intersection in the city of Gyeongsan, the front of the D Poter in the city of Gyeongsan.

The defendant engaged in driving motor vehicles has a duty of care to look at the front side and the right side, to accurately manipulate the steering direction and brakes, to prevent accidents, and in particular to turn to the left in the non-protective zone, there was a duty of care to proceed with the vehicle with the duty of care to proceed.

Nevertheless, the defendant neglected to turn to the left, and instead found the fD10 Orala of the victim E (year 52) driving under normal new name on the face of the person who was in a light of the border bank, and caused the above Orala to the front right side of the defendant's vehicle by the negligence of finding the fD110 Orala, which was immediately late.

Ultimately, around March 26, 2019, around 10:17, the Defendant had the victim receive treatment from a H hospital located in Sinsan-si G due to the above occupational negligence, resulting in the victim's death with a crypusus and a sypusm sypus.

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. Casual images and field photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [Special Aggravationd Persons] - The factors of mitigation: In cases where illegality in the proviso of Article 3(2)(excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious [the scope of recommendation area and recommendation range], basic area [the scope of recommendation area and recommendation range], 8 months to 2 years [general person], the factors of mitigation: the comprehensive motor vehicle insurance.