beta
(영문) 대전지방법원 홍성지원 2016.08.23 2016고단339

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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

The Defendant is a person who is engaged in driving of a C-wing cargo vehicle.

On April 20, 2016, the Defendant driven the above cargo vehicle around 15:30 on April 20, 2016, and led to the way to the Western Hospital from the west-gun, Seocheon-gun, Seocheon-do, in the direction of the west-do.

Since there is a place where a sidewalk for pedestrian traffic has been installed, there was a duty of care to safely drive the steering system by checking whether a person is a person who is engaged in driving of a motor vehicle by checking the right and the right of the front, and accurately manipulating the steering system and the brake system.

Nevertheless, the Defendant neglected this and did not discover the Victim F (72 tax) who was moving on the right side from the left side of the defendant's course due to negligence, and did not discover the Victim F (72) who was moving on the right side from the left side of the defendant's course, and had the victim go beyond the ground by taking the head of the victim's head on the right side of the freight vehicle.

Ultimately, on April 22, 2016, the Defendant caused the death of a victim who was receiving medical treatment at a Gunsan Hospital located in the village of 149 from the Gunsan-si, Si, Gunsan-si due to the death of the victim due to cerebral father, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report and a report on the occurrence of a traffic accident;

1. Protocol of inspection;

1. A death certificate;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 2 (Death by Traffic Accidents) (the imprisonment without prison labor for April to one year), [the person with a special mitigation] the scope of punishment, including efforts to recover damage] [the decision of sentence] under the following circumstances and other circumstances, including the defendant's age, sexual behavior, environment, circumstances before and after the instant crime, the circumstances before and after the instant crime, and the circumstances of the instant crime, etc., as a whole, the sentence is ordered as per Disposition.