beta
(영문) 의정부지방법원 2014.09.12 2014고단2738

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 driving a franchising cargo vehicle.

Around 06:55 on June 13, 2014, the Defendant driven the above cargo vehicle and proceeded at the speed of about 60 kilometers from the upper distance to the Hansan-ri, which is located in the 352-2 of the 352-2 at the south of both weeks.

Since there is a place where the center line of the yellow-ray is installed, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the front line and safely operate the car line.

Nevertheless, the Defendant neglected to drive a stroke while driving a stroke, which was driven by the injured party E (the age of 58) at the opposite direction of the central line due to the negligence of the stroke, received the part above the left pan-hand part of the Fmaz car as the top-hand part of the said cargo vehicle.

Ultimately, the Defendant suffered injury to the victim G (the age of 72) who was on the said math car due to the above occupational negligence, such as an open frame and sloping, etc. requiring a 8-day medical treatment. On June 13, 2014, the Defendant caused the victim E to the death of the victim due to an unknown cause in detail due to the credit in the government-specific hospital of the Tol University located in the 271 Ethical City of the Gyeonggi-do government-based 08:54.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report (1) actual survey report;

1. On-site photographs;

1. A death certificate (E);

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident vehicles and on-site photographs;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

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

1. Scope of the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act: The final sentencing range recommended by sentencing guidelines from January to five years by imprisonment without prison labor / [criminal type] the general traffic accident of the traffic crime group.