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(영문) 창원지방법원 진주지원 2019.09.04 2019고단688
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 one year 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 B-to-car.

On April 14, 2019, the Defendant driven the said car at around 22:20, along with two-lanes from the parallel to the south Sea, along the four-lane road in front of the Gyeong-dong, Gyeongnam-do.

At the time, there are nights and places where pedestrians are frequent, so in such a case, there was a duty of care to safely drive the car driver by properly operating the steering wheel and steering system.

Nevertheless, the Defendant neglected this and failed to properly operate the steering direction and brakes, and found the victim D (58 years old) who was walking along the two lanes from the front bank of the Defendant at the end of the course by negligence, without properly operating the steering direction and brakes, late later, and boomed the victim. However, the Defendant did not stop and got the victim up to the ground by receiving the victim from the front part of the vehicle operated by the Defendant.

Ultimately, the Defendant caused the victim’s death by occupational negligence at the Gannam University Hospital located in Jinju-ro 79, Jinju-si, Jinju-si, on April 14, 2019, due to low blood-related shock.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident, an accident site photograph, and a report on a traffic accident;

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

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 (1) of the Criminal Act, and the selection of

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of general traffic accidents according to the sentencing guidelines (type 2) and the area where the death of a traffic accident is mitigated (type 2), April through one year without prison labor;

2. Determination of sentence has caused a serious result of the death of the victim: Provided, That it is recognized as the primary crime and the damaged vehicle is covered by the comprehensive motor vehicle insurance and its bereaved family members.

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