(영문) 청주지방법원 영동지원 2019.06.13 2019고단10

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(영문) 청주지방법원 영동지원 2019.06.13 2019고단10

교통사고처리특례법위반(치사)

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BS car.

On October 31, 2018, the Defendant driven the above car at around 13:40 on October 31, 2018, and turned directly into the intersection of about 41km from the east-ri to the west-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ro at the speed of about 41km.

In this case, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle by checking whether there is a vehicle passing through the intersection by examining the front side and the left side of the motor vehicle, and to prevent the traffic accident by driving the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and did not properly examine whether there is a vehicle passing through the intersection, and did not reduce the speed of the vehicle, and as a result of the Defendant’s failure to enter the intersection immediately, caused the collision between the driving on the right side of the victim C(79 years old) of the driving of the victim CVN100 and the front part of the left side of the vehicle of the Defendant.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence as “the cardiopulmonary injury” during treatment after the accident.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, photographic description, report on the occurrence of traffic accidents, and field map;

1. A death diagnosis report or a written autopsy report;

1. Application of CCTV image records CD-related Acts and subordinate statutes;

1. Grounds for sentencing under Article 3 (1) of the relevant Act on Criminal Facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

1. Scope of punishment by law: One month to five years;

2. Scope of recommendation [decision of types] according to the sentencing guidelines: General traffic accident [Type 2] no person who causes a traffic accident (the area of recommendation and the scope of recommendation] (the scope of recommendation], basic area, eight months to two years of imprisonment without prison labor;

3. Determination of sentence (unfavorable circumstances) of the instant crime depends on the Defendant.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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