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(영문) 서울중앙지방법원 2015.10.30 2015고단5395
교통사고처리특례법위반
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Defendant shall be punished by a fine of KRW 9,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CAD car.

On June 18, 2015, the Defendant driven the said car at around 20:24, and proceeded ahead of the road in Chuncheon City D with approximately 110 km in speed from the west-ri side of the Chuncheon-si to the Chuncheon-si.

At the time, it is night, and it is a section with a limit of 80 km speed on national highways, so a person engaged in the driving of motor vehicles has a duty of care to prevent accidents by complying with the speed limit and operating steering gear and brakes accurately.

Nevertheless, the Defendant neglected this and found the chiller driven by the victim F, a speed exceeding about 30 km in speed, and took the brake system to avoid collision, and changed the chiller to avoid collision, but did not avoid the chiller being driven by the victim, and received the back portion on the left side of the chiller by the victim to the right side of the vehicle of the defendant. On June 21, 2015, the Defendant caused the death of the victim due to the increase of brain damage.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning G;

1. On-site map of a traffic accident;

1. Each photograph;

1. A traffic accident report;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant traffic accident, which led to the occurrence of a serious result of the death of the victim. However, the error of the Defendant’s mistake, the primary charge, the purchase of a motor vehicle comprehensive insurance, the smooth agreement with the victim’s bereaved family members, and the victim’s operation of a horse racing without attaching a backlight or reflect plate at night.

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