beta
(영문) 서울중앙지방법원 2014.10.15 2014고단5544

교통사고처리특례법위반

Text

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

except that the execution of the above punishment shall be suspended for 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 the business of driving Esch Rexton vehicles.

On March 30, 2014, the Defendant driven the above vehicle on March 10:15, 2014, and driven the road of three lanes in front of the 7-lane 23, Gangnam-gu, Seoul, Seogro-ro, 23-gil (Yingdong, Gingma Newmael Association) from the floodside of three streets in the horizontal distance of three streets, and proceeded at about 128km in the speed of the Si, depending on the floodside.

At that time, the road should be operated within 70km per hour. At the front of the road, there was a vehicle signal at the front of the road, so the person engaged in driving of the motor vehicle has a duty of care to observe the speed limit and drive the motor vehicle safely in line with the vehicle driving signals.

Nevertheless, the Defendant was at the speed exceeding 58 km of speed, and was due to the negligence that was directly engaged in the front red signal of the Defendant’s running on the left side from the right side of the direction of the Defendant’s running, which was driven by the Victim F (F.M. 46 years old). The Defendant was placed in front of the Defendant’s driving seat of the Glearning vehicle.

Ultimately, around 10:45 on March 30, 2014, the Defendant caused the victim's death by occupational negligence as seen above, to the Damsung in Gangnam-gu Seoul 81 Samsung Seoul Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (to hear accident fighter H telephone statements);

1. A traffic accident report (No. 35, 36 on the actual condition survey report and the evidence list);

1. A death certificate;

1. Application of the Acts and subordinate statutes on comprehensive traffic accident analysis, response to requests for appraisal;

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

1. The instant accident on the grounds of sentencing under Article 62(1) of the Criminal Act, which caused the Defendant’s limited speed exceeding 58 km, was directly involved in the suspension signal, and the victim died due to the said accident, the Defendant’s liability is considerably heavy.

However, the defendant is under detention for two months, and his/her mistake is against himself/herself, and he/she is the first offender, and is covered by a comprehensive insurance.