(영문) 대전지방법원 서산지원 2020.04.08 2019고단1218

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(영문) 대전지방법원 서산지원 2020.04.08 2019고단1218

교통사고처리특례법위반(치사)

Text

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

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 small-sized cargo vehicle B.

On January 31, 2019, the Defendant driven the above vehicle on the front road of the Seosan City, Seosan City, along the two-lanes in the direction E from D.

Since there is a place where the two lanes are reduced from the two lanes to the first lane, in such a case, a sufficient safety distance was secured in preparation for the change of the two lanes if there is a vehicle running on the second lane, and there was a duty of care to prevent accidents from occurring due to the following: (a) a person driving the motor vehicle has a duty of care in preparation for the change of the two lanes; and (b) a person driving the motor vehicle has a duty of care in preparation for the change of the two lanes.

Nevertheless, the Defendant neglected this and failed to secure the safety distance, while driving on the second line on the Defendant’s front line of the Defendant’s vehicle (59 years old), did not change the line to the first line, and caused the shock on the right side of the road as it was, followed by the shock of the vehicle to protruding away from the vehicle and the victim away from the road.

Ultimately, the Defendant caused the death of the victim on the job due to the diversified damage caused by the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. On-site photographs and photographs of the changeer;

1. Application of each statute of appraisal;

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 selection of

1. The punishment as ordered shall be determined by comprehensively taking into account the grounds for sentencing under Article 62(1) of the Criminal Act, the degree of negligence of the defendant and the victim, the fact that the defendant has subscribed to a comprehensive insurance, the fact that the bereaved family has agreed with the bereaved family, and all the conditions of sentencing

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

유사 판례

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-서울중앙지방법원 2017.04.19 2016나83046

-의정부지방법원 고양지원 2015.11.27 2015고정1027

-서울중앙지방법원 2017.11.14 2017나39329

-수원지방법원 안양지원 2014.04.11 2014고단124