(영문) 광주지방법원 2020.05.14 2019고단5615

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Reasons

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자간(%)

(영문) 광주지방법원 2020.05.14 2019고단5615

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a low-speed car.

On October 27, 2019, the Defendant driven the above car at around 09:20 on October 27, 2019, and moved to the right of way and proceeding in front of the village of the Jeonnam-gun.

At this point, there was a side-way without a lane, and there was a person who is drying rice on the right side of the road, so in such a case, there was a duty of care to prevent accidents by accurately manipulating the front door and the right and the right and the right and the right and the right and the right and the right of the person engaged in driving service.

Nevertheless, the Defendant neglected this and did not properly operate the steering direction and brakes, and caused the victims D (the age of 90) who had dried rice in the above road due to the negligence while working.

Ultimately, around November 9, 2019, the Defendant caused the victim's death by occupational negligence, from the E Hospital located in the Gwangju Mine-gu around 17:44.

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 on site photographs;

1. The punishment of imprisonment without prison labor is imposed on the Defendant in light of the following: (a) the relevant criminal facts; (b) Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents; (c) Article 268 of the Criminal Act; and (d) the Defendant’s failure to drive the Defendant in a relatively wide range of sentence due to the Defendant’s failure to drive the Defendant, resulting in death, etc.; (d) the Defendant’s negligence and result of damage; (e) the comprehensive insurance of the Defendant’s driving vehicle is subscribed as a special agreement limited to the Defendant’s spouse; and (e) the Defendant’s comprehensive insurance is unable to process the Defendant’s comprehensive insurance; and (e) no other damage or agreement has been reached; and (e) the record and oral proceedings are

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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