beta
(영문) 대전지방법원 서산지원 2017.02.03 2016고단869

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

On November 17, 2016, the Defendant was a person who is engaged in driving of cargo vehicles in Korea-specific 40 feet containers. On November 17, 2016, the Defendant driven the above cargo vehicles at the 190-lane of Jin-si, Jin-si, and at the road near the intersection of the new road, operated the above cargo vehicles at a speed of about 20 km from the right-hand side to the right-hand left at the speed of about 10 km from the right-hand side.

In this case, the above cargo vehicle operated by the defendant has a special care to make a left-hand turn when the length of the vehicle reaches about 16 meters, and in such a case, there was a duty of care to prevent the accident by taking into account the front and left-hand side in particular, in order to prevent the accident.

Nevertheless, the Defendant neglected this and did not discover the victim C (72) who was walking along the bicycle from the right side of the cargo vehicle of the Defendant, and did not discover the bicycle, and received the victim with the front wheels of the foregoing cargo vehicle and caused the victim to die with the heart due to damage on the road above on November 17, 2016. < Amended by Act No. 14504, Nov. 11, 2016>

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to traffic accident reports, CDs, and corpse death certificates;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: The negligence of the victim seems to have contributed to the occurrence of traffic accidents or the expansion of damage, the fact that there is no criminal record of the same kind, the fact that there is no criminal record of the victim, the fact that the victim has committed a crime, the age, sex, environment, and the circumstances leading to the crime, etc. shall be determined as the disposition of the same sentence in consideration of all the conditions for sentencing