2013 Highest 1693 Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents

A person shall be appointed.

J. H. (Lawsuits) and Kim U.S. (Trial)

Attorney Kim Jae-young (Korean National Assembly Line)

December 13, 2013

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

Punishment of the crime

The defendant is a person who is engaged in driving a train of Busan 00 - 000 Hashes.

On March 13, 2013: (a) around 57, the Defendant driven the said van, and was in direct control of the front distance of the parallel 4, and the third apartment 5th apartment 7nd from the national highways section 7 at the time, the parallel 4, the parallel 5th apartment 7, Chungcheongnam-si, Yangsan-si, Yangsan-si, to the front side of the national highways apartment 7. At the time, there was a crosswalk installed on the front side as the lower intersection time of students, and thus, the person engaged in driving of the e-mail 1st, was well aware of the front line, and was under duty of care to check and drive the crosswalk.

Nevertheless, the Defendant neglected this and did not stop in front of the crosswalk and did not discover the victim B (the remaining and eight years old) who dried the crosswalk from the right side in the direction of the Defendant’s running, to the left side, and received the front part of the Defendant’s waiting to drive the crosswalk. Ultimately, the Defendant sustained by negligence on the part of the above business, which caused the victim to suffer injury, such as submerging the two rings in need of approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. B and C’s statements

1. A survey report on actual condition and photographs of the scene of accident;

1. A medical certificate;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 3(1) and proviso of Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act

1. Selection of penalty;

Selection of imprisonment without labor

Reasons for sentencing

1. Scope of the recommended sentence according to the sentencing criteria;

The basic area of injury caused by traffic accidents: April to October of the credit cooperative;

2. Determination of sentence;

The defendant has the same criminal power once for the same kind of crime against the defendant, and the defendant's negligence is serious due to shocking the victim who has dried a crosswalk, and the victim is a very important part as a two main body of the victim's fish and injury, and the degree of the injury is too poor, and physical and emotionally in the future growth process.

Considering the fact that it is difficult to predict exactly as of what will affect, and that the father's mother, who is the legal representative of the victim, is facing severe punishment on the defendant on the ground of the defendant's attitude to reach an agreement with the defendant, the sentence of sentence is inevitable.

However, taking into account the fact that vehicles of the defendant are covered by a comprehensive insurance, that the defendant deposited KRW 4 million for the victim, and that there is no difference between the amount deposited by the defendant and the amount agreed upon by the victim, the court's detention is not required for the defendant to have the victim and his/her family members go seriously and make efforts to recover from damage.

Judges Jeong Sung-ho