beta
(영문) 대구지방법원 안동지원 2015.09.22 2015고단431

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 driven C High Class III Cargo Vehicles.

On June 4, 2015, the Defendant driven the above cargo vehicle on June 21:27, 2015, and driven the two-lane road in front of the Sung Chang Apartment apartment, which is in the transmission port of Andong-dong, toward the direction of the traffic distance from the Twit-distance.

At the time, the defendant, who is divided into the sidewalk and the roadway, had a duty of care to operate safely by accurately manipulating the steering gear and operating the steering gear by reducing speed and properly operating the front and rear left.

Nevertheless, the defendant neglected this and got the victim D who is walking on the floor to use it on the right side of the vehicle of the defendant driving when he was negligent in breaking the roadside, leaving the roadway, and breaking the sidewalk by negligence, and let the victim D who is walking on the sidewalk use it on the floor.

Ultimately, at around 00:52 on June 5, 2015, the Defendant caused the death of the victim due to a low-tension shock shock from the F Hospital located in Ansan-si E, Adong-si, where the victim was under the follow-up treatment by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to reports on the occurrence of each traffic accident, each photograph, autopsy record, death certificate, and investigative reporting;

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

1. Selection of alternative imprisonment without prison labor;

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

1. The execution of a sentence shall be suspended in consideration of the following facts: (a) the occurrence of the result of death due to traffic accident due to the reason of sentencing under Article 62-2 of the Social Service Order Act; (b) the victim’s bereaved family members agreed with each other; and (c) the victim’s family members mis