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(영문) 광주지방법원 해남지원 2019.08.29 2019고단244
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car B.

Around 1:50 on April 9, 2019, the Defendant continued to proceed from the sloping side of the road in front of the Southern Navy C to the sloping side.

At that time, there was a Twit-type intersection without signal, so the person engaged in the driving of motor vehicles had a duty of care to stop prior to entering the intersection to accurately operate the steering direction and brakes and to safely drive the motor vehicle by safely driving the motor vehicle by keeping the steering direction and brakes well and by safely driving the motor vehicle.

Nevertheless, the Defendant neglected to stop the left and left without examining the right and the right and the left while making a temporary stop on the left and left by the negligence of the victim D(69 years of age) who was driving from the west Eup to the west of the sea-Eup by the victim D(69 years of age). The part on which the cargo loaded in the E-wing and the cargo loaded in front of the car above B, and caused the shock to go from the west back to the west-Eup of the above cargo to the west.

Ultimately, around June 4, 2019, around 23:28, the Defendant caused the death of the victim due to such occupational negligence from the former University Hospital, which was in the 42-ro, Dong-gu, Gwangju-gu, Gwangju-gu, due to the sudden difficulty in self-sufficiency.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. The actual condition survey report;

1. A death certificate;

1. Application of Acts and subordinate statutes concerning the scene of accident;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [Special Sentencing], the mitigated element of punishment (including serious efforts to recover damage): the mitigated range of punishment (including the recommended field and the scope of recommendation).

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