2015dan452 Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents

Han-○ (192 Life) (192), Non-Service

Red tin (prosecution) and scarcity (public trial)

Attorney Go Young-young (National Assembly)

June 19, 2015

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

Criminal facts

The Defendant, as an employee of the Lenek Company, is engaged in driving NF Lata, which is owned by the said Company.

On February 21, 2015, the Defendant, around 15:20 on the 15:20, Seopopopo-si, Seopopo-dong, Hopo-dong, Hopo-dong, Hopo-dong Free Museum, 2 km away from 111.9km to 131km from 131km to 131km.

It is a section of the highest speed of 80km and at the time, milched surface is being run, so a person engaged in driving duty has a duty of care to accurately operate the operation system and steering gear of the above vehicle by examining the speed and the right and the right and the right of the operation while running the motor vehicle.

Nevertheless, the Defendant neglected this and operated the brake system to reduce the speed of math by the negligence of 20 km or more speed as above, and obstructed the centralization of the road by getting out of the vehicle, and invaded the central line. As part of the victim Kim ○○ (the age of 45) driven by the opposite vehicle, the Defendant received the front part of the YF YOM laps operated by the victim Kim○ (the age of 45) from the opposite vehicle, and caused the said Kim ○○ to cause the death of the victim, such as acute dynasium 20 meters at AD in Jeju, at around 16:20 on the same day, 16:20 on the same day, at the same time, the victim’s instant YF lapsyor treatment (the age of 18), 1.7 days during which the victim’s lapsyor treatment, and 1.6 days during the same week, etc. (the victim’s lapsyor treatment, etc.).

Summary of Evidence

Omission

Application of Statutes

1. Article 3 (1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment:

Sub-paragraphs 2 and 3 of the proviso, Article 268 of the Criminal Act

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Selection of imprisonment without prison labor;

Reasons for sentencing

In light of the fact that the defendant recognized all the criminal facts, the first offender without a previous criminal record, the fact that the volume of the vehicle is being covered by a comprehensive insurance policy is favorable. However, there are many victims due to the negligent traffic accidents by the defendant, and the extent of the damage is very heavy, and the damage is caused by these accidents, and the defendant's negligence is serious, while it is difficult to view that there is any negligence on the part of the victim while it is difficult to view that there is any negligence on the part of the victim, it is inevitable to sentence the defendant as to the punishment. The sentencing guidelines are taken into account the following simultaneously, and the punishment is determined in consideration of the age of the defendant, character and behavior, family environment, circumstances after the crime, the circumstances after the crime, the defendant's occupation, family relation, etc.

[Sentencing Criteria]

General Traffic Accident Case> Class 2 (Death of Traffic Accidents) : 1 to 3 years by imprisonment without prison labor.

Persons under special guard: Where a serious injury has occurred)

Kim Jong-min