(영문) 대전지방법원 2014.03.19 2013고단4479

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(영문) 대전지방법원 2014.03.19 2013고단4479

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

On September 3, 2013, around 07:45, the Defendant had a duty of care to prevent accidents by accurately manipulating the rear bank and the left and right of the vehicle driving service. In such cases, the Defendant had a duty of care to prevent accidents by accurately manipulating the brakes.

Nevertheless, the Defendant neglected to take care of it, and caused the victim E (the age of 62) who was working on the rear side of the truck of the said truck to die due to the occupational negligence that the Defendant received as the rear part of the truck of the truck of the Defendant and caused the victim to die due to the injury of the structural part in the clothes of the transport to G Hospital located in the same Gu F at that time.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to H and I;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes on a written autopsy;

1. The sentence shall be imposed as per the disposition, taking into consideration all of the following circumstances, the scope of the recommended sentence on the grounds for sentencing under Article 3(1) of the relevant Act on Criminal Crimes, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, the scope of sentence [the traffic crime group, general traffic accident, type 2, basic area, August - One year and six months] and the following circumstances:

b. favorable circumstances: (a) recognizing the facts of crime; (b) there is no previous conviction; (c) the result of the accident was very serious; (d) the victim cannot be said to have gross negligence on the accident of this case; (c) the victim’s bereaved family members want to punish the defendant; and (d) the defendant deposited certain money for the victim’s bereaved family members, but such circumstance alone seems to be insufficient to avoid damage recovery or the suffering of the bereaved family members; and (d) otherwise, the content of the violation of the duty of care.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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