beta
(영문) 대전지방법원 2018.05.24 2018고단865

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for four 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

On 06:00 on 30, 201, the Defendant, while driving a car in the column B for business on 06:00, and driving the one-lane of the four-lane of the two-lanes in front of Daejeon Seo-gu, Daejeon into the front side of the four-lanes of the two-lanes, the Defendant was negligent in driving the road on the front side of the two-lanes without looking at the front side and the left side, and the victim E (the 83-yearssssssssss) who without permission cross the road on the left side from the front side of the said vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence, which was sent back to G hospital located in the Daejeon Dong-gu, Daejeon, and received treatment. On January 30, 2018, at around 06:40, the Defendant caused the victim’s death due to the scarcity of credit.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. A death certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] general traffic accidents in Article 62(1) of the Criminal Act [the grounds for sentencing [the scope of recommendation] general traffic accident [the person subject to special mitigation] [the person subject to special mitigation] is not subject to punishment (the decision of sentence] and one time before such sentence], and criminal liability is not easy by causing the victim to die in breach of duty of care, but the crime liability is not easy for him/her. However, there is no previous conviction exceeding the fine, there is no previous conviction exceeding the fine, the victim's bereaved family members and the defendant's age, sex behavior, occupation, career, home environment, etc. shall be determined as ordered by taking into account the following factors: