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(영문) 창원지방법원 2014.02.07 2013고단3183

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a low-speed car B.

On July 22, 2012, the Defendant driven the above car on July 22, 2012, and led to the road of one-lane in front of the monthly village center located in Seosan-ri, Seosan-ri, Seosan-ri, Seosan-ri, Seosan-si, to the parallel of normal village from the side of Seosan-ri.

At the time, there are nights and crosswalks installed on the front side, so the defendant engaged in driving of the motor vehicle has a duty of care to reduce speed and to safely drive the left and right door well.

Nevertheless, the Defendant neglected this and proceeded with the victim C (A, 75 years old) crossing the vehicle between the crosswalk and the stop line due to the negligence of the Defendant, which led to the Defendant’s vehicle front part.

Accordingly, around July 22, 2013, the Defendant caused the victim to die due to the long-term damage to the chest and scarcity in the E Hospital located in Busan Northern-gu, Busan, on July 22, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with respect to F;

1. G traffic accident-related statements;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. Traffic accident photographs;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing as follows) is that the defendant's reason for sentencing under Article 62(1) of the suspended sentence causes the death of the victim by violating his duty of care and thereby causing irreparable pain and damage to the victim and his/her bereaved family members, shall be punished. However, although the defendant's mistake is recognized and thus his/her mistake is reflected in a comprehensive motor vehicle insurance, and the defendant has agreed to pay 30 million won for the victim's bereaved family members, it exceeds the fine.