beta
(영문) 광주지방법원 장흥지원 2018.03.08 2017고단240

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 engaging in driving a car at a horse at C.

On October 5, 2017, the Defendant driven the above car at around 17:30, and proceeded at the speed of about 73 to 77 km at the speed of 13-7 km of the Korean National University of Arts in front of the Korean National University of Arts, which is located in 1335, the Cheongjin-gun, Daegu-gun, Chungcheongnam-gun, Seoul.

There are villages in the vicinity, pedestrians often appear, and crosswalks are installed at the time, so in this case, a person engaged in driving service has a duty of care to prevent accidents by thoroughly and safely driving the front road.

Nevertheless, due to the negligence that the Defendant neglected the front-time of the vehicle and proceeded as it is without stopping or driving at the crosswalk in excess of the restricted speed (60km/h), the Defendant did not discover the victim D who was standing the crosswalk to the right side from the left side of the Defendant’s running direction, and was faced with the victim head by the front door of the vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence from a medical center of the strong medical center located in the 5 course of the investigation of the Southern Jinjin-gun on October 5, 2017, which caused the death of the victim due to cerebral cerebral cerebral cerebral cerebral eption.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a survey report on actual condition, a traffic accident comprehensive analysis report, a black stuff photograph (at least 36 pages to 40 pages of investigation records), and a death diagnosis report;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The elements of sentencing under Article 62-2 of the Criminal Act, following the reasons for sentencing, and all kinds of sentencing recorded and shown in pleadings, including the Defendant’s age, sex, environment, circumstances before and after the commission of the crime.