beta
(영문) 부산지방법원 서부지원 2018.12.11 2018고단1490

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 engaged in driving a cargo vehicle B 4.5 tons.

On May 31, 2018, the Defendant driven the above cargo vehicle around 00:32, and proceeded from the Seoul metropolitan area to the Busan metropolitan area about 80km along the three-lane to the Busan metropolitan area.

At the time, there is a night and a place where a flowway is located, so the driver of the motor vehicle has a duty of care to see the right and the right and the right of the driver, and to prevent the accident in advance by accurately manipulating the steering gear, brake system, etc.

Nevertheless, the Defendant neglected this and did not discover that the D Poter's D Poter's D Poter's D Poter's drive, which had been driving in the same way as the Defendant, had been driving in the same way as the Defendant, has stopped without being able to turn on emergency, and received the back portion of the victim's cargo vehicle as the front portion of the Defendant's cargo vehicle.

As a result, the Defendant caused the victim to die due to the above occupational negligence at the Sindo University Hospital located in Seo-gu, Daejeon, Seo-gu, Daejeon, where the transfer fee was more than 18:20 on June 5, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. The actual investigation report on traffic accidents, each internal investigation report, and each investigation report;

1. Application of Acts and subordinate statutes on the scene of an accident, each of the following maps, death diagnosis reports, and change of photographic Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines and the scope of the ordinary traffic accidents shall be limited to the mitigated area (from April to one year) (including special mitigation persons), the punishment of which is not limited (including serious efforts to recover damage);

2. The crime of this case, which was decided to be sentenced, is committed at night by the defendant.