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(영문) 전주지방법원 2019.10.24 2019고단840
교통사고처리특례법위반(치사)등
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Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving Cunst Motor Vehicle.

On January 29, 2019, the Defendant driven the said car at around 08:40, and led the front road D at Kim Jong-si to the right after G Hospital.

At the time, the Defendant was a one-lane road without delivery, and at the time, the victim H (n, 90 years of age), B (n, 85 years of age) and B (n, 85 years of age) pushed the pedestrian and walked on the road in the frontway. In such a case, the driver of the vehicle had a duty of care to prevent accidents, such as temporary stop and after-stoping.

Nevertheless, the defendant did not temporarily stop a vehicle coming from a vehicle due to negligent negligence, but proceeded to the victims and went beyond the victims with the front part of the vehicle operated by the defendant.

Ultimately, at around 05:59 on February 6, 2019, the Defendant caused the death of the victim H due to the above occupational negligence in the J Hospital located in the Ha in the Yasan-si, North Korea, I due to the brain liver function during treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to K and B;

1. Each traffic accident report;

1. On-site photographs of traffic accidents;

1. Visual photographs;

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. Article 62 (1) of the Criminal Act;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.

The main result of the death of the victim due to the defendant's occupational negligence has occurred and suspended the execution.

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