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(영문) 창원지방법원 2014.01.24 2013고단2696

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 Clearning car.

On June 6, 2013, the Defendant driven the above vehicle at a speed of about 80 km in Si/Gu, depending on the two-lanes of Jin-gu, Jin-gu, Jin-gu, Jin-si, the first tunnel of the Kimhae, which is located in the Jeju-si in the Jeju-si area of Kimhae-si, was driven at a speed of about 14:30 kilometers.

At the same time, the victim D(43 years of age) was engaged in the replacement work, such as preventing the progress of the vehicle, so a person engaged in driving of a motor vehicle has a duty of care to prevent the accident in advance by accurately manipulating the front section and accurately manipulating the steering gear.

Nevertheless, the Defendant neglected to do so and neglected his duty of care in front, but failed to discover the victim and received the victim from the front of the Defendant’s vehicle.

Ultimately, around 05:15 on August 7, 2013, the Defendant caused the victim's death by traffic accident by negligence in the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident occurrence report;

1. An accident site photograph;

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

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 caused 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, the defendant's mistake is recognized and thus his/her depth is reflected in the motor vehicle comprehensive insurance, and the defendant has agreed to separately pay 20 million won for the victim's bereaved family members.