(영문) 광주지방법원 2020.01.30 2019고단2679

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(영문) 광주지방법원 2020.01.30 2019고단2679

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The defendant is a person who drives a dump truck.

On April 10, 2019, the Defendant driven a dump truck at a speed of about 67-69km from the southwest to the parallel of the D dump truck at a speed of about 67-69km, depending on the road from the southwest to the parallel of the C.

A person engaged in driving motor vehicles has a duty of care to safely operate the steering gear by accurately operating the steering gear and brakes after checking the safety of the steering direction and the right and the right and the right and the right and the right and the right and the right and the right and

Despite the forum, the Defendant neglected to discover and refrain from a Rad-car which was left to the left from the south-west from the south-west side, and was negligent in proceeding beyond the central line, and received the full Rad-side car from the victim F (71 years old) as the front dump truck.

Ultimately, the Defendant caused the death of around 03:08 on April 25, 2019 among those who were receiving medical treatment at the Jeonnam University Hospital due to infections caused by cerebral cerebrovascular infections, infections, etc. by such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A traffic accident analysis and appraisal report, traffic accident analysis report, and traffic accident analysis report;

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

1. The Defendant is sentenced to imprisonment without prison labor, in light of the relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Criminal Act, the occurrence of traffic accidents caused by negligence committed by the Defendant on the grounds of sentencing of imprisonment without prison labor, which led to the death of the victim. The Defendant committed the instant crime on November 2, 2018, which was sentenced to six months of imprisonment with prison labor, two years of suspended execution, which became final and conclusive on November 2, 2018, and for which no agreement has been reached with the victim’s bereaved family members, and thus, the Defendant is sentenced to

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

유사 판례

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