beta
(영문) 부산지방법원동부지원 2020.08.21 2020고단665

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

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

Reasons

Punishment of the crime

Around 18:12 on December 1, 2019, the Defendant driven a dumm 3 truck with B, and proceeded at a speed of about 64km/h from luram to franc, at the front point of the new dup stop, in a sunlight of the Japanese-gun, Busan-gun.

At the time, the above road was set at night, and there was a restaurant and bus stop on the side of the two-lane road from each other, and thus, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle while driving at a speed less than the speed (40 km/h, as the road is mil).

Nevertheless, the defendant neglected this and proceeded at approximately 64 km/h speed exceeding 20 km/h speed, and neglected to f4m/h speed in the front direction of the vehicle of the defendant, thereby discovering and operating the victim C (e.g., 69 years old) who crosses the road to the left side from the direction of the vehicle of the defendant, but the victim's body was shocked on the front side of the defendant's vehicle and turned back to the road due to the shock, caused the death of low blood shock in the patient room of the D Hospital at around 21:40 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. A traffic accident analysis and appraisal report;

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 selection of

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the course of the crime of this case is that the defendant's liability for the crime of this case is heavy, as long as the defendant's failure to drive a vehicle under the speed of overwork at night and caused the death by shocking the road due to negligence while neglecting the front-time emergency.

However, the defendant's mistake is divided, the fact that the defendant has agreed with the bereaved family members of the victim during the trial process, the defendant has no criminal record exceeding the same criminal record or fine, and the age, character, character and environment of the defendant.