beta
(영문) 수원지방법원 2016.06.02 2016고단871

교통사고처리특례법위반

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the drive of a cargo vehicle B 2.5 tons in T-2.5 tons.

On January 29, 2016, the Defendant driven the above cargo vehicle at a speed of about 50km per hour from the surface of the slope to the surface of the road at which the central line in front of C is installed at the time of harmony.

At this point, since a factory and a house are frequently passed by people in an area, there was a duty of care to reduce speed and prevent accidents in advance by properly examining the left and right of the driver of the vehicle.

Nevertheless, the Defendant neglected to take care of the victim D(81) on the road on the front bank by negligence, and discovered late the victim D(81) on the road on the front bank, and got the victim on the front of the T-M vehicle driving by the Defendant, and went beyond the road.

The defendant caused the death of the above victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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 the selection of fines;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act (the scope of recommendations) of the Criminal Act, which shall not apply to the selection of fines and sentencing guidelines.

[Determination of the sentence] The defendant is against the defendant, agreed with the victim's bereaved family members, sought a prior action against the defendant, the defendant has no previous conviction, and the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, etc.