(영문) 광주지방법원 순천지원 2016.11.10 2016고단1773

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(영문) 광주지방법원 순천지원 2016.11.10 2016고단1773

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On April 23, 2016, the Defendant driven the said car at around 20:00, and led to the entrance from the 106 side to the entrance of the treatment apartment 105-Dong Central Parking Lot Co., Ltd., which is located at 55 Dom 105 per annum.

At the time, it is night and difficult to secure the view, and in such a case, there was a duty of care to safely drive the driver by properly operating the steering gear and brake system with a view to driving the driver.

Nevertheless, the defendant neglected this and put the victim C who was coming to the right side from the left side of the progress direction by negligence, and used the victim C on the floor by taking the right side of the victim's right bridge.

Ultimately, the Defendant caused the death of the victim by occupational negligence, such as brain pressure from the sexual rollro hospital, which was located in 221 at the net 23:20 on April 23, 2016 at the same time, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition of traffic accidents (1) (2);

1. On-site evidentiary photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The reason for sentencing under Article 62(1) of the Criminal Act, the content of the fault of the defendant, and the result of the death of the victim is disadvantageous to the defendant.

The fact that the bereaved family members of the victim do not want the punishment of the defendant, and that the defendant has no criminal history above the imprisonment without prison labor is favorable to the defendant.

In addition, the sentence shall be determined as ordered by considering the age, environment, etc. of the accused.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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