beta
(영문) 전주지방법원 정읍지원 2014.02.11 2013고단596

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of C Carp Vehicles.

At around 12:00 on October 11, 2013, the Defendant driven the above vehicle and got to turn to the left from the side of the “Gu market” to the “Gu market.”

Since there is a crosswalk without signal lights, there was a duty of care to prevent accidents in advance by thoroughly manipulating the steering gear and brakes, the driver of the motor vehicle has a duty of care to check whether the driver is a pedestrian or not by thoroughly operating the steering gear and brakes.

Nevertheless, the defendant did not discover the victim D (W, 83 years of age) who was standing along the crosswalk from the right-hand side of the mast by negligence, and did not find out about 1.5 meters after receiving the victim from the front part of the above vehicle.

Ultimately, at around 14:20 on the same day as above, the Defendant caused the victim’s death from the “F Hospital” located in Jung-gu, Jung-gu, Jung-si due to the respiratory and low-blood shock.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes to death diagnosis reports;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considerations such as the first offender, the fact that comprehensive insurance contracts are subscribed to, and the agreement with, victims' bereaved family members);