beta
(영문) 대구지방법원 상주지원 2014.09.30 2014고단389

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten months.

except that 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 a Cras.

On June 18, 2014, at around 14:25, the Defendant driven the above van, and proceeded at a speed of 60 km each hour at a speed of 24 km away from the ebbbbbs of the national highways, which is 24 km away from the ebs of the ebs of the ebs of the Gancheon-gun National Highway, to the ebs of the ebs of the ebs of the parallel.

The Defendant, prior to the same direction, had a duty of care to make a person engaged in driving of a motor vehicle to live well, to secure the warning and safety distance, and to drive the motor vehicle safely.

그럼에도 불구하고 피고인은 졸음운전을 하며 전방주시를 게을리 한 과실로 피고인의 위 승합차 우측 전면부분으로 피해자가 운전하던 위 경운기의 후면 적재함 부분을 들이받아 그 충격으로 위 경운기를 좌측으로 꺾여 중앙분리대를 충돌하게 하고, 그로 인해 위 경운기에 탑승한 피해자를 우측 노견으로 튕겨져 나가게 하였다.

Ultimately, at around 16:23 of the same day, the Defendant caused the death of the victim due to scarcity and serious pulmonary damage in the emergency room of the F Hospital located in E, Dong-dong, Dong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

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 on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 2 (Type 2 (Class 4-10) (Class 4-10) [Special Mitigation] [Pronouncement Decision] there is no record of criminal punishment against the defendant. The defendant has agreed that the victim's bereaved family members and bereaved family members have reached a full agreement with the victim, and in addition, the defendant's age, character and conduct and environment, motive, means and consequence of the crime, circumstances after the crime, etc.