beta
(영문) 의정부지방법원 2020.02.14 2019고단5652

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a K7 car as a duty.

At around 17:55 on November 26, 2019, the Defendant was driving the said car at 371 local roads located in 17:3, 00 Yacheon-gun, Yacheon-gun, Yacheon-do, two hundred and seventy-one local roads.

A driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system of the motor vehicle while living well on the right side.

Nevertheless, the Defendant neglected to do so and found the light flag driven by the victim D (the age of 61) who was driving before, and did not operate the operation of the operation system, caused the death of the victim to the multiple growth donation in the E Hospital at the time of the Government-Si of Gu Council around 21:40 on the same day after receiving the rear part of the said light flag from the front part of the said passenger vehicle.

Accordingly, the defendant caused the death of the victim due to a traffic accident by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Photographs, such as an accident site;

1. Seizure records;

1. The response to the results of the traffic investigation EDR analysis;

1. Application of accident video CD-related statutes;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 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. Due to traffic accidents caused by the Defendant’s decision-making decision, the result of the victim’s death on board the horse was caused.

However, the fact that the defendant is recognized as committing the crime, and the reflectors, etc. shall be sufficiently reflected on the back of the horse that the victim was on board.