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(영문) 수원지방법원 안산지원 2016.06.22 2016고단1708
교통사고처리특례법위반
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

Criminal facts

On 04. 18:19 on 05. 04. 18:19, the Defendant driving a G Skinor, leading to the left-hand turn from the I to the direction of the king.

A person engaged in driving service has a duty of care to prevent accidents by keeping the front door and left door and the right and the right and the right, and maintaining the safety distance so as not to shock a vehicle waiting for signal in the front door.

Nevertheless, the Defendant neglected to turn to the left as it is, and proceeded without discovering K-J driving of the victim J-driving, which is sent to the right-hand side, and led to the failure to discover a PCX-motor vehicle in the right-hand side, and led the victim who goes beyond the floor of the above two-wheeled the back part of the above two-wheeled vehicle in front of the Tracter, and led the victim to the front front part of the above Tracter.

The Defendant caused the death of the victim in his job due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

1. Application of Acts and subordinate statutes to 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. Article 62 (1) (Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution) (Article 62 (1) of the Act on the Suspension of Execution (Article 62 of the Act on the Punishment of Traffic Accidents) (Article 62 (1) of the said Act on the grounds that the defendant is led to a serious result of the death of a victim due to a traffic accident, but confession and reflects by the defendant, the defendant has agreed with his/her bereaved family members, and there is no record of punishment exceeding

1. It is so decided as per Disposition on the grounds of Article 62-2(1) of the Criminal Act and Article 59 or more of the Act on the Observation, etc. of Protection, etc.

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