(영문) 대전지방법원 서산지원 2014.10.24 2014고단701

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(영문) 대전지방법원 서산지원 2014.10.24 2014고단701

교통사고처리특례법위반

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a two-way-based driver's license.

On May 23, 2014, at around 09:30 on May 23, 2014, the Defendant driven the above van and proceeded ahead of the bus stop at the top of the bus stop at the top of the west-gun, Taenam-gun, Taenam-gun, Taenam-gun, Taenam-gun, with wind.

Since this is a road without a central line and a bend and bend, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to the right side part of the road.

Nevertheless, the Defendant neglected this and got the front part of the Dpool 125 Obama, which was driven by the victim C (year 74) who was driving by the negligence that led to the part of the road, and caused the victim to face with the retaining wall adjacent to the road due to the shock.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Central University Hospital located in Dongjak-gu Seoul Metropolitan Government 102, which was under the follow-up treatment at around 20:27, on June 26, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Application of Acts and subordinate statutes to an accident site photograph, on-site photograph, and motion picture of the deceased;

1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the overall circumstances, such as the fact that the defendant reflects his mistake in depth, the fact that the victim and his bereaved family members agreed smoothly with the victim, the circumstances of this case, the age of the defendant, and criminal records

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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