beta
(영문) 창원지방법원 2018.04.11 2017고단4205

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On July 6, 2017, the Defendant, who is engaged in driving of Cwing-III cargo vehicles, was driving the above cargo vehicles around 05:30 on July 6, 201, and the number of Kim Sea-si at that time, which is located in the same 739-1, was going to the intersection in front of the village bus stops at a lower rate, and entered the above intersection.

Since the above intersection does not have signal lights and passes through the farm road, it is a private road that passes through the road or the road frequently, in such a case, a person engaged in driving a motor vehicle has a duty of care to reduce the speed of the motor vehicle and closely view the right and the right of the road without a vehicle driving the said intersection, and to accurately manipulate the steering direction and the system of operation, and to prevent the accident from spreading.

However, the defendant neglected this and found it late to turn to the left from the village by the victim D, who had been driven by the victim D from the village room where the number which is the right side of the defendant's running direction, to the left right side of the defendant's running direction, and caused the victim's left side to the front side of the cargo of the defendant.

Ultimately, around July 19, 2017, around 15:52 on July 19, 2017, the Defendant caused the victim’s death by an anti-marculous shock from the division symptoms, external cerebral cerebral cerebral tye, and liveric typhical shock, which were being treated at the Busan National University Hospital located in Seo-gu, Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing as set forth below) is that the defendant has a depth and reflects his mistake, and the defendant has no record of other crimes except that he has been punished several times.