(영문) 대전지방법원 2018.10.12 2018고단1129

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(영문) 대전지방법원 2018.10.12 2018고단1129

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 31, 2017, the Defendant driven a two-wheeled vehicle CWW150E on a 23:15 December 31, 2017, while driving a two-wheeled vehicle, the Defendant received the victim F. (WW150 E in front of the two-wheeled vehicle) who crosses the road from the right side of the Defendant’s proceeding to the right side of the two-wheeled vehicle to the apartment of the irrigation village located in Daejeon East-gu, Daejeon.

Ultimately, on January 8, 2018, the Defendant: (a) caused the victim to die from her occupational negligence on the part of the Defendant on the part of the Defendant, on January 8, 2018, at the Glance University Daejeon Glung-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Procedure (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) that the defendant has no record of crime before the instant case, and reflects his mistake, that the vehicle driven by the defendant was paid insurance, and the defendant additionally deposited KRW 10 million for the victim's bereaved family members, that the victim did not confirm the vehicle driving in his/her left direction, that the case occurred while the victim was crossing without permission, and that the victim's negligence also seems to be reasonable, and that the decision of the sentencing guidelines type as set forth by the Supreme Court is a special sentencing factor (Article 62(1) of the Act on the Suspension of Execution of Execution: The scope of recommendations for mitigation of traffic accidents (Article 62(1) of the Act on the Suspension of Execution of Execution for 4 to 1 year: positive (Article 2(1) that there is no record of criminal punishment against the victim due to

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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