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(영문) 춘천지방법원 원주지원 2012.10.09 2012고단621

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a Belgium car.

On May 3, 2012, the Defendant driven the above car at around 08:30 on May 3, 2012, which led to a three-lane road following the 5th and the 6th apartment zone in the front city, using the front city as a private street room from the front city viewing to the neighboring park.

Since there is a place in which a crosswalk is installed, there was a duty of care to check whether a person engaged in driving of a vehicle is to cross the crosswalk by reducing the speed of the person engaged in driving his/her vehicle, and by safely proceeding with it, to prevent the accident from occurring.

Nevertheless, the Defendant neglected to do so and proceeded as it is, due to his negligence, received the front part of the said car, which is adjacent to the left side of the victim C crossinged from the right side of the direction of the Defendant’s proceeding to the left side.

Ultimately, at around 10:33 on the same day from the above occupational negligence, the Defendant caused the death of the victim at the hospital in the Won-si, nuclear power plant, heavy brain damage, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of a death certificate;

1. Grounds for sentencing under Article 3(1) of the relevant Act on Criminal Facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act [Scope of recommending punishment] Traffic Crime Group, General Traffic Accidents, Death of traffic accidents, basic area, and imprisonment without prison labor for not less than eight months but not more than one year and six months (decision of sentenced punishment] caused the death of a victim due to negligence in violation of the duty to protect pedestrians at crosswalks, and as long as the victim did not receive a letter from the bereaved family members, it is inevitable to sentence the same as

However, the vehicle is covered by the comprehensive automobile insurance, and the defendant deposits 15 million won for the victim's bereaved family members.