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(영문) 창원지방법원 통영지원 2014.01.17 2013고단911

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

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

On August 10, 2013, the Defendant driven the said car on August 22, 2013, and led the two-lanes in front of the Sejong Village cafeteria, which is located in the ancient city at the same time, to proceed to a speed of about 40-48 km from the front side of the prisoners of war at the entrance of prisoners of war, along one-lane.

At night, the above crosswalk was installed in the front direction of the vehicle driving, and the defendant had no signal apparatus at night, and the victim E (n.e., 60 years old) already crosses the above crosswalk to the right side before entering the above crosswalk. As such, the driver of the vehicle had a duty of care to temporarily stop the vehicle to the person engaged in driving the vehicle and to proceed with the passage of the above victim or the right of way.

그럼에도 불구하고 피고인은 이를 게을리 한 채 진행한 과실로 피고인의 승용차 진행방향 왼쪽에서 오른쪽으로 횡단보도를 보행 중이던 피해자의 오른쪽 다리를 위 차량 앞 범퍼 부분으로 들이받아 피해자가 차량 보닛에 튕겨져 오른 후 바닥에 쓰러지게 하였다.

Ultimately, at around 22:04 of the same day, the Defendant caused the death of the victim due to the above occupational negligence in the emergency room of the F Hospital located in the large city.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Protocol of inspection;

1. Application of Acts and subordinate statutes to replys to traffic accident analysis requests;

1. Relevant legal provisions concerning 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 selection of fines (the fact that the accused has agreed with the bereaved family members, the fact that the accused is covered by comprehensive insurance, the fact that the accused is the primary offender

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;