beta
(영문) 부산지방법원 서부지원 2017.07.11 2017고단442

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for six 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

Punishment of the crime

On March 16, 2017, the Defendant, who is engaged in the freight driving duty, driven the above cargo vehicle on or around 11:00 on March 16, 2017, had the three-distance intersection in front of the “D cafeteria” located in the Busan Seo-gu C, turn to the left from the “Yan River” side.

Since a crosswalk is installed on the front side of the defendant's running direction, in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle well sees the front door and the right and the right and the right of the motor vehicle, and to build the crosswalk safely.

Nevertheless, the defendant did not discover the victim E (the age of 74) who was a victim of the Madern crosswalk due to the negligence of neglecting this, and instead did not discover the right-hand left-hand turn of the cargo of the defendant, and received the victim as the top-hand turn of the cargo of the defendant.

Ultimately, around March 20, 2017, the Defendant caused the death of a victim who was under medical treatment at the Busan National University Hospital, Seo-gu, Busan, Seo-gu, Busan, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, an accident-related photograph;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommended punishment [the scope of recommended punishment] on the sentencing criteria shall be limited to the range of general traffic accidents (the scope of recommended punishment] and the area of mitigation (the occurrence of traffic accidents) (the period from April to one year) [the person subject to special mitigation] punishment not to punish (including serious efforts to recover damage);

2. Although there were significant consequences that the victim's death was caused by violating the duty to protect pedestrians at the crosswalks where the sentence is to be imposed, the defendant's mistake is recognized and against himself, the primary offender who has no criminal record, and the vehicle for operation is covered by a comprehensive insurance.