beta
(영문) 수원지방법원평택지원 2020.11.19 2020고단545

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 driving of a sealed truck B.

On November 23, 2019, the Defendant driven the above cargo vehicle at a speed of about 66.5km in Si/Gu, depending on the two-lanes of the secondary road near the e-IC intersection in Pyeongtaek-si, Chungcheongnam-do, Chungcheongnam-do, and the two-lanes of the two-lanes of the two-lane roads near the e-mail intersection in Pyeongtaek-si, Chungcheongnam-do.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering and steering gear of those engaged in driving service.

Nevertheless, the defendant neglected his duty of care and neglected to stop at the front of the proceeding lane, and neglected the back portion of the victim C(64 years old)'s drive D and the back portion of the cargo vehicle in front of the defendant's cargo vehicle. The victim's cargo vehicle was pushed up in front of the victim's cargo vehicle in front of the victim's cargo vehicle, and got the victim who was under close back of the victim's cargo vehicle in front of the victim's vehicle, and got the victim to reverse the telegraph of the excessive victim.

Ultimately, the Defendant caused the death of the victim in the same workplace by occupational negligence as above.

Summary of Evidence

1. The defendant's legal statement, the traffic accident report (actual survey report), the report on the occurrence of the traffic accident, the investigation report (the investigation of the reporter's telephone conversations and the confirmation of black stuff images) - The driver's license holder's license holder's license holder's license holder's license holder's license holders' license holder' license holders

1. Application of Acts and subordinate statutes to photographs of dead bodies, written reports of accident site;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

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

1. The reason for sentencing in Article 62-2 of the Criminal Act, which caused the death of the victim by neglecting the duty of care and caution, caused the instant traffic accident, and thus, did not receive a written request from the bereaved family members.

(b).