beta
(영문) 대전지방법원 2016.01.22 2015고단4214

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a driver of the car B.

On November 08, 2015, the Defendant driven the above vehicle at around 20:02, and proceeded at a speed of about 50 km in the speed of about 50 km from the (former) Gisung Middle School along the three-lane distance from the (former) Gisung Middle School.

Since there is a large distance crossing between a vehicle and a pedestrian, there was a duty of care to prevent accidents by accurately operating the steering direction and brake system and by properly examining the boom and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and got a victim C (the age of 80) who was walking a crosswalk to the right side from the left side of the course due to negligence, which led to the Defendant’s failure to go so, to the front part of the vehicle driving by the Defendant.

As a result, the Defendant caused the victim to die due to cerebral cerebralop, etc. while receiving treatment at a university hospital located in Seo-gu Daejeon on the same day from around 23:25 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) and (2) (2)

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

2. Although the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is very important, the punishment is determined as ordered in consideration of the following circumstances: (a) the confession and reflection of the defendant; (b) the fault of the victim was a large figure of the victim; (c) the bereaved family was also agreed with the bereaved family; and (d) the first offender.