2017 Highest 2284 Violation of the Special Act on the Settlement of Traffic Accidents (Death or Injury)

A

Kim Young-ia (prosecution) and family stuffy (trial)

Attorney Hun-Un (Korean)

May 31, 2018

Defendant shall be punished by imprisonment without prison labor for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant orders the defendant to attend a law-abiding lecture for 40 hours.

Criminal facts

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

At around 11:40 on September 4, 2017, the Defendant continued to run a private distance intersection, located in 112, the Magcheon-gun, Jincheon-gun, Chungcheongnamcheon-do, the Magwon-do, the Magcheon-do, the Magwon-si, the public office of the public office of the public office.

In this case, a driver engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely by driving the motor vehicle, such as setting the front door and the left door, operating the steering system and the brake system accurately, temporarily stopping the motor vehicle before entering the intersection.

Nevertheless, the part of the victim D(the age of 82) driving, which is going to the port from the right side of the defendant's running, due to the negligence of entering the intersection without neglecting this to the right side, was brought to the front side of the above car operation.

Ultimately, at around 00:49 on September 5, 2017, the Defendant caused the said victim’s death by occupational negligence to the G Hospital located in Jincheon-gun, Jincheon-gun, Jincheon-gun, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report on traffic accidents, and the report on the occurrence of traffic accidents;

1. Protocol of inspection;

1. On-site photographs and photographs of accidents;

1. A death certificate;

(피고인과 변호인은 판시 교차로에 전후좌우를 살피면서 먼저 진입하였는데 피해 오토바이가 빠른 속도로 진입하여 사고가 난 것이므로 책임이 없다는 취지로 주장한다. 살피건대, 국립과학수사연구원의 감정결과에 따르면 피고인의 차량이 피해 오토바이보다 판시 교차로의 정지선을 먼저 통과한 사실, 피고인 차량의 충돌 전 속도는 시속 약 33.32km인데 반하여 피해 오토바이의 속도는 시속 약 45.14km로 피고인은 서행하였던 반면 피해 오토바이는 비교적 속도가 빨랐던 사실을 인정할 수 있다. 그러나 피고인이 먼저 이 사건 교차로에 진입하였다고 하더라도 이 사건 교차로 진입 전에 일시정지의무를 이행하지 아니한 과실이 있는 이상 피고인에게 주의의무 위반이 없다고 보기는 어렵다. 따라서 위 주장은 받아들이지 아니한다)

Application of Statutes

1. Article applicable to criminal facts;

Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Selection of Treasury Punishment

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation and community service order;

Article 62-2 of the Criminal Act

Reasons for sentencing

○ Unfavorable elements of sentencing: The severe result of the victim's death has occurred due to the defendant's negligence, and the corresponding criminal liability can not be exempted.

○ Sentencing factors: It appears that the victim has been negligent in the occurrence of the instant accident and the expansion of damage. It appears that the victim has agreed with the bereaved family members of the victim.

○ In addition, the sentencing conditions of Article 51 of the Criminal Act are integrated and set forth as the Disposition.

Judges Lee Jae-tae