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(영문) 춘천지방법원 강릉지원 2013.05.01 2013고단20
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 new car in C (hereinafter referred to as “instant vehicle”).

On November 29, 2012, the Defendant driven the instant vehicle on November 29, 2017:45, and proceeded at approximately 50 km from the direction of the Gangseo Police Station in the front side of the GS World Cup station, which is located in 308 Gangnam-si, Gangnam-si.

At the same time, the driver of a motor vehicle had a duty of care to safely drive the motor vehicle and prevent the accident in advance, such as ensuring that there is a person who gets on the way to reduce the speed and see well.

Nevertheless, the defendant neglected this and did not discover the victim D(65 years old) who illegally crossed from the right-hand side of the defendant's running direction to the left-hand side and did not go beyond the ground by obtaining the body of the victim from the top-hand side of the defendant's car.

Ultimately, around November 29, 2012, at around 18:50 on November 29, 2012, the Defendant caused the victim’s death by the occupational negligence as seen above, in the course of being treated at the Gangseo-si E Hospital, the low-blood shock tank, and the dubs of the dubs.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to a traffic accident report, traffic accident report report, actual survey report, on-site photograph, death certificate, and victim photograph;

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 (the favorable circumstances of the reasons for the suspended sentence) of the Criminal Act led to a result that the defendant was negligent in driving the vehicle while leaving the vehicle, resulting in an uncomforcing the victim's death, and resulting in a mental shock that the victim's bereaved family members received.

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