(영문) 창원지방법원 통영지원 2014.05.23 2014고단179

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(영문) 창원지방법원 통영지원 2014.05.23 2014고단179

교통사고처리특례법위반

Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in CSM 5 vehicles.

On January 2, 2014, the Defendant driven the said car at a speed of about 80 km from January 2, 2014 to December 2, 2014, and driven the two-lane road in front of the oil station at a speed of about 80 km in speed, depending on the breadth from the breadth to the breadth.

At the time, it was night, streetlights, and there was a corner, so there was a duty of care to reduce speed to those engaged in driving of a motor vehicle and to safely drive the motor vehicle in advance to prevent accidents by safely driving the motor vehicle with a view to preventing accidents.

Nevertheless, the Defendant neglected to do so and went on to the right side of the victim D (the age of 48) who crosses the road to the right side from the left side of the road due to the negligence of the Defendant.

Ultimately, the Defendant caused the death of the victim by occupational negligence, such as the cardiopulmonary function transfer at the above temporary location.

Summary of Evidence

1. Defendant's legal statement;

1. A written result of autopsy;

1. The actual condition survey report;

1. Application of the statutes governing traffic accident-related photographs;

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

1. According to the sentencing guidelines for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure, the defendant is recommended to be sentenced to two to ten months or ten months of imprisonment without prison labor (see, e.g., Supreme Court Decision 2009Da1548, Apr. 2, 2009). The defendant's crime of this case results in a serious result of the death of the victim.

However, the victim's bereaved family does not want to punish the defendant, and the victim also.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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