beta
(영문) 춘천지방법원 원주지원 2018.06.08 2017고단1303

교통사고처리특례법위반(치상)

Text

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

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 who is engaged in driving a C-A-hurd motor vehicle.

On May 23, 2017, the Defendant, around 14:05, proceeded at a speed of about 30km by using three lanes from the long distance on the wharf to the long distance on the side of the port where the “stage major apartment”, located at 4:05 square meters in the Hanju-si around 14:05.

When driving a vehicle, a person engaged in driving service has a duty of care to ensure safe operation by accurately operating the operation of the system and steering gear, if there is a pedestrian.

Nevertheless, the Defendant neglected this and proceeded with the part of the victim D (85)'s right bridge crossing the village from the apartment to the village of Egypted without permission by negligence.

Defendant 1 suffered injury to the victim, such as damage between the Plaintiff and the absence of any open room into the lecture due to the foregoing occupational negligence, and the injury of the closed malone, etc., and was being treated by the Posian Hospital in the Republic of Korea, the Defendant caused the death of the victim due to the closure of 01:12 on February 8, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, on-site photographs of accidents, and medical certificates;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (the crime of this case was committed by a criminal defendant of the same kind, and the crime of this case was committed by a criminal defendant of the same kind in light of the results thereof, etc.) provides that there is no criminal record of the same suspension of execution or more, but the criminal defendant could be deemed to have been paid considerable damage to his/her bereaved family because the vehicle driven by the criminal defendant at the time of the traffic accident of this case was covered by the comprehensive motor vehicle insurance, and thus, the victim's fault who was crossinged without permission at the time of the traffic accident of this case.