beta
(영문) 전주지방법원 2017.12.05 2017고단1838

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a ice car.

On August 30, 2017, the Defendant driven the above vehicle at around 15:40 on August 30, 2017, and led to the left-hand turn to the Non-Protection in green signals, the front road of the "EW EW EW EW EW EW EW EW EW EW EW EWE" at the front city of the front city.

In such a case, the defendant has a duty of care to safely turn to the left by examining whether there is a vehicle that is directly moving to the road.

Nevertheless, the Defendant neglected this and neglected to turn to the left without permission, and had the FObane of the victim E (65 tax) who is directly engaged in under green signals in the front part of the Defendant’s vehicle, in excess of the front part and the front side of the left side of the Obane.

Ultimately, the Defendant caused the death of the victim by occupational negligence, which led to the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of traffic accidents;

1. The actual investigation report on traffic accidents;

1. Photographs of the accident scene and photographs of the accident scene;

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

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 imprisonment without prison labor;

1. The following circumstances are considered: (a) agreement is reached between the victim and the reason for sentencing Article 62-2 of the Criminal Act Article 62-2 of the Act on the Suspension of Execution; (b) the Defendant has no previous conviction; and (c) details and result of the instant accident; and (d) the Defendant’s age, occupation, living environment, etc.