(영문) 대전지방법원 천안지원 2013.10.11 2013고단733

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(영문) 대전지방법원 천안지원 2013.10.11 2013고단733

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Poter Cargo Vehicles B.

On March 25, 2013, the Defendant driven the above vehicle at a speed of 60 to 70 km in the speed of 60 km in the city, while driving the two-lane road near the welfare center distance in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, in the direction of the city.

In such cases, a person engaged in driving motor vehicles has a duty of care to prevent accidents in advance, such as driving a motor vehicle by checking the front side and the left side.

Nevertheless, the defendant neglected this and found the victim C (the age of 76) who was a bicycle on the right side of the defendant's moving along the crosswalk from the defendant's moving toward the right side by his negligence, and changed his course to avoid it, but the defendant did not avoid it, and was faced with the victim by the front part of the defendant's vehicle.

At around 15:18 of the same day, the Defendant caused the death of the victim due to such occupational negligence in the E Hospital located in Pyeongtaek-si D.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident occurrence report;

1. Each traffic accident report;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the crime of this case by the negligence of the defendant with the reason of sentencing under Article 62-2 of the Criminal Act resulted in the serious result of the death of the victim, the defendant's liability is without fault, the defendant has no criminal record, the vehicle of this case is covered by a comprehensive insurance, and the victim's bereaved family members have agreed smoothly with the victim, etc., the punishment as ordered shall be determined as

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