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광주지방법원 목포지원 2014.11.27 2014고단1537
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 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 BNF car.

Around 08:30 on July 14, 2014, the Defendant driven the above car and led the road front of the area of the mountain, the mountain, and the area of the mountain, the mountain and the area of the mountain, the mountain and the area of which are the same as that of the Republic of Korea.

In this case, the driver of the motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering and operating the steering system without harming the central line in the case of the driver of the motor vehicle.

Nevertheless, the defendant does not properly see the front bank and is proceeding.

The front part of the driver's electric vehicle of the victim C(78 years old) driving, which was proceeding on the opposite road due to the occupational negligence of the central line, was shocked by the front part of the driver's car.

Ultimately, the Defendant caused the victim C to die due to such occupational negligence as the left-hand boom, etc. at the same time, and at the same time suffered from the victim D (V, 77 years of age) who is the passenger of the private-wheeled electric vehicle, about 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (the on-site investigation and witness's statement);

1. A death certificate and a medical certificate;

1. Application of statutes on site photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1) and the proviso to (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. It is difficult to apply the sentencing criteria as it is a superior concurrent crime for sentencing of Article 62-2 of the Social Service Order Criminal Act.

Although the defendant's negligence is not weak, the defendant's mistake is recognized and reflected, and the victim is the victim.