beta
(영문) 광주지방법원 장흥지원 2014.08.28 2014고단54

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On December 11, 2013, the Defendant driven the above cargo vehicle on December 11, 2013, and led to the intersection in front of the Yaeong-gu, Sogsan-gu, Seoul Special Metropolitan City to the mix apartment from the direction of the Yaong-gu.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents, such as checking whether there is a vehicle in transit or temporary stop and checking whether there is a vehicle in transit.

Nevertheless, the Defendant neglected to do so without the driver's license, and caused the victim D (ma, 73 years old) who took a bicycle from the side of the Saturday market to turn to the left at the right-hand left-hand of the bicycle on the front side of the said cargo vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence at around 04:41 on January 24, 2014, by the following: (a) the Defendant caused the victim’s death by blood transfusion in the mouth, low-carbon brain damage; (b) the satisfic brain damage; and (c) the satisfy

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Registers of driver's licenses;

1. A death certificate;

1. Application of evidence on the scene of accident-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

1. Of concurrent offenders, violation of the former part of Article 37, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act on Special Cases concerning the Settlement of Traffic Accidents Act for the Reasons for Sentencing [Scope of Recommendation] shall be set forth in Chapter 2 of the General Traffic Accidents Act [Special Mitigation Zone (2-10 months)] where the victim was negligent in causing traffic accidents or expanding damage, and where the victim was negligent in causing traffic accidents or expanding damage, the victim is not subject to punishment (including efforts to recover damage) (including decisions of sentence]. 6 months.