(영문) 광주지방법원 2019.11.28 2019고단2866

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(영문) 광주지방법원 2019.11.28 2019고단2866

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 became final and conclusive.

Reasons

Punishment of the crime

On May 31, 2019, the Defendant driven B rocketing car around 06:45, and continued to go ahead of the entrance of the Hayangyang-gun, Jeonyang-gun, by straighting the way from the entrance of the Hayang-gu, Seoyang-do to the net air protection area.

At the same time, there are only one lane roads, and street trees are planted at the edge of the road, so in such a case, there was a duty of care to see the front left and accurately operate the steering system and the steering system, and to drive the vehicle by observing the steering system.

Nevertheless, the Defendant, while driving a stroke, went to the right side of the road due to the occupational negligence, led to the death of the victim D (the age of 67) who was on the back end of the said stroke car and was on the back end of the said stroke car, and caused the victim to be on the back side of the stroke-gun E at 08:32 of the same day, where the victim was on the front side of the said stroke-gun car, and was on the back of the said stroke-gun car.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report;

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 of the Criminal Act, and selection of

1. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence shall be determined in full view of the criminal records of the defendant, the nature and risk of the crime of this case, the circumstances leading to the crime, the degree of damage to the victim and whether the victim was recovered, the family relationship, health condition, and the possibility of recidivism as stated in the records and arguments of this case.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

유사 판례

-광주지방법원 2019.01.17 2018고단4589

-광주지방법원 2015.03.18 2015고단20

-광주지방법원 2019.05.14 2018고단5345

-광주지방법원 2017.8.17.선고 2017고단387 판결

-광주지방법원 2017.08.17 2017고단387