beta
(영문) 대전지방법원 2016.12.12 2016고단3176

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a small-type taxi in C.

On July 3, 2016, the Defendant driven the above taxi on July 23:12, 2016, and driven the front road of Hanwon-gu, Daejeon, Daejeon, along the two-lane distance from the port side to the flow-distance of U.S. 71 to 75km in speed.

At the time of night, since it was milked on the surface of the land at night, there was a duty of care to reduce the speed not exceeding 48 km and to take the right and the right and the right of the vehicle driving and prevent the accident in advance.

Nevertheless, the Defendant neglected this and failed to avoid the victim F (56 years of age) who crosses the road to the right side on the left side of the Defendant taxi due to the negligence of running approximately 71 through 75 km/h of speed as above.

Ultimately, at around 03:14 on July 5, 2016, the Defendant caused the death of a victim with a low blood shock in treatment at the Chungcheongnamnam University Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes to traffic accident analysis and appraisal;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding a fine, the fact that the victim seems to have caused the accident to cross the road across and after the eight-lane road without permission, the fact that the victim's bereaved family member deposited KRW 10 million for the bereaved family member, the fact that the driver's vehicle is subscribed to the mutual aid association, and the fact that the driver'