beta
(영문) 수원지방법원 2014.10.02 2014고단3653

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 the duty of driving B vehicle.

At around 15:55 on May 8, 2014, the Defendant proceeded from the two academic distance of both sides of the waterside to the south side of the waterside.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents, such as taking the front left and rear door well, etc.

Nevertheless, the Defendant neglected this and brought the victim C (the South and the age of 81) waiting for the pedestrian signal at the crosswalk behind the Defendant’s driver’s vehicle. However, the victim C (the age of South and the age of 81) was shocked by the rear part of the said

Ultimately, the Defendant caused the death of the victim by occupational negligence in a multi-long term part, including the respiratory part, at an Asian University Hospital located in 164 in the Young-gu, Young-gu, Suwon-si, which was under the follow-up treatment at around 21:25 on June 6, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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 Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend a lecture [Scope of Recommendation] General traffic accident [Article 62-2(1) [Article 62-2(1) of the Criminal Act] The sentence shall be determined as per the order, taking into consideration all the circumstances of sentencing, including the following: (a) the mitigation area (Article 2) (Article 4-10) [Special Mitigation] (Article 62 (1) [Article 62-2(1) [Article 62 of the Criminal Act] (Article 62-2(1)]