(영문) 서울서부지방법원 2013.10.01 2013고단1877

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(영문) 서울서부지방법원 2013.10.01 2013고단1877

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car B i40.

On April 13, 2013, the Defendant driven the said car at a speed of about 70km per hour from the math of Seoul to the 686-lane in Geumyang-dong, Geumyang-dong, Geumyang-dong, the Defendant driven the said car at a speed of about 70km per hour from the math of Seoul.

At the time, since it was difficult for a driver to see the front light due to the beam of the headlights of vehicles driving at night, there was a duty of care to reduce the speed and to see the front line well.

Nevertheless, the defendant neglected this and found the victim C (80 years old) who was crossing the road on the right side from the left side of the proceeding direction due to the negligence of driving the vehicle by neglecting it, and did not avoid it, and did not go beyond the ground by the defendant's victim as the fronter on the left side of the vehicle.

As a result, the Defendant caused the death of the victim by occupational negligence at the emergency department of the E Hospital in the Guri-si, which was under the follow-up treatment around 08:30 on April 14, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

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

1. 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; Selection of a fine (including the fact that the defendant agreed with the bereaved family members of the victim, the defendant subscribed to a comprehensive insurance for the instant vehicle, the fact that there is a gross negligence of the victim who illegally crosses the vicinity of the school in the occurrence of the instant traffic accident, there is no criminal history for the defendant, the fact that the defendant seriously reflects the criminal act, and other circumstances that are conditions for sentencing as shown in the records, such as the defendant's age, character and conduct

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

참조조문

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