beta
(영문) 춘천지방법원 강릉지원 2015.06.04 2015고단278

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Cro-car.

At around 11:20 on December 30, 2014, the Defendant, at the same time, proceeded along the back side of the Nonghyup Bank (Seoul High School) branch in North Korea, in the north High School distance from the north High School, with one-lane one-lane one-lane one-lane one-lane one.

At the same time, there was an off-distance intersection without signal lights, so there was a duty of care to safely drive a person engaged in driving of a motor vehicle to reduce the speed and to check well the right and the right of the motor vehicle, so that it does not conflict with other motor vehicles.

Nevertheless, the Defendant did not properly look at the front side of the vehicle and proceeded along without maintaining the safety distance with ECA110, which was driven by the victim D (the age of 68) who was driven by the Defendant at the front side of the vehicle and did not properly manipulate the brake system, and caused the shock part of the front part of the vehicle driven by the Defendant, which was driven by the Defendant, with the front part of the vehicle driven by the Defendant, and stopped the victim and the kid, who was kid on the lower part of the said vehicle without stopping the remainder as it is, at least about 17 meters.

Ultimately, at around 11:24 of the same day from the above occupational negligence, the Defendant caused the death of the victim due to multiple scarcitys and bodily injury.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and each photograph;

1. Application of Acts and subordinate statutes concerning autopsys;

1. The relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, the fact that the defendant reflects the crime, the fact that there is no criminal record exceeding the fine of the defendant, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, and deposit KRW 10 million to the victim's bereaved family members, etc. are favorable factors for sentencing, and the defendant immediately stops after he/she concealed the victim's atmosphere.