(영문) 대전지방법원 천안지원 2014.02.13 2013고단1741

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2014.02.13 2013고단1741

교통사고처리특례법위반

Text

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

except that 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

At around 22:15 on June 27, 2013, the Defendant driven the Kawing-III Cargo Vehicle C, C, and tried to drive two lanes in front of the members of the Sung-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, to drive a two-lane off from the Sung-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, to the surface of the D Hospital. Since the area is an intersection where signal, etc. is installed, the driver of the motor vehicle is an intersection where the signal, etc. is installed, so the driver of the motor vehicle is at the speed of the motor vehicle, and the driver of the motor vehicle has a duty of care to check the speed of the motor vehicle and to prevent the accident by driving the motor vehicle safely and safely according to the traffic signal, despite the fact that the electric traffic signal was changed to the yellow, caused the death of the victim E (54 years old) who was under the influence of alcohol in the opposite line due to the traffic signal change.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement related to G and H;

1. A written statement of the occurrence of an I traffic accident;

1. Application of Acts and subordinate statutes to death certificate, actual condition survey certificate, photographs, and comprehensive traffic accident analysis report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. The result of the instant accident on the grounds of sentencing under Article 62(1) of the Criminal Act is significant. However, the Defendant’s execution of the instant punishment is based on the following: (a) there was no history of punishment in addition to a minor fine; (b) the Defendant has led to the confession of the instant crime; (c) the vehicle is subscribed to mutual aid association of the Korea Trucking Mutual Aid Association; (d) the victim’s bereaved family members and the bereaved family members agreed that the Defendant would take the Defendant’s wife; and (e) the victim appears to have

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

유사 판례

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-대전지방법원 천안지원 2013.01.30 2012고합297

-대전지방법원 천안지원 2019.03.29 2018고단3099