beta
(영문) 창원지방법원 2019.09.10 2019고단1533

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of driving B 24 tons of poppy cancer trucks.

The Defendant, around 17:40 on March 27, 2019, is driving three-lanes from the direction of the New Village Square to the 3-lane in the direction of the Changsan-gu, Sungwon-si, Sungwon-si.

The purpose was to make a round to the C Complex direction.

The defendant driving a motor vehicle has a duty of care to prevent accidents by properly examining the roads to enter into the motor vehicle.

Nevertheless, the Defendant neglected to drive a bicycle and proceeded with as it is by negligence, brought the victim D (the age of 60) to the crosswalks of the above truck with the front part of the truck, and charged the victim going beyond the road with the front part of the above truck with the front part of the road.

As a result, the Defendant caused the death of the victim due to the above occupational negligence by getting the victim to die due to two alleys from the same place.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A corpse of corpse;

1. Application of each statute on photographs;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] - the death of traffic accident [special person] - the mitigation element: the mitigation range [the scope of the recommended and recommended punishment], the mitigation area], the reduction area, the imprisonment without prison labor for not less than 4 months to 1 years [the general sentencing person] - the mitigation element: the comprehensive motor vehicle insurance, the serious reflective nature - the aggravation element: the same kind of criminal conviction that does not constitute a repeated offense [the reasons for suspension of execution] - The principal pride cause: the occurrence of death, the suspension of execution of not more than 5 years, and the general pride reasons: social welfare.