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(영문) 창원지방법원 거창지원 2014.06.11 2014고단75
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving C7.5 tons of trucks.

On January 27, 2014, the Defendant driven the above vehicle on the 13:38th day of January 27, 2014, and driven the front road in front of the Central Farm Village in Chang-gu, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, at a speed of 40km from the middle village to the same Eup Kimcheon-ri Cultural Center.

It is a road with a motor vehicle that has a drinking and a kib section, so in such cases, a person engaged in driving of a motor vehicle has a duty of care to reduce the speed and properly manipulate the brakes, etc. to prevent the accident from spreading.

Nevertheless, the Defendant failed to discover the E-car driven by the victim D (year 72) who was on the opposite side of the running direction of the Defendant’s vehicle due to negligence, while neglecting this, and shocked the front part of the damaged vehicle with the front part of the driver’s seat of the Defendant’s vehicle.

Ultimately, around January 27, 2014, at around 15:50 on January 27, 2014, the Defendant caused the victim to die due to the suspension of cardiopulmonary closure at G Hospital located in the F of Chang-gun, Chungcheongnam-gun, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Records and photographs of traffic accident;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of an alternative fine for punishment (a favorable consideration, such as the fact that the sentence is white, that agreement has been reached with the bereaved family members of the victim, that the vehicle is covered by comprehensive insurance, that the vehicle has no record of committing a crime of suspended execution or more);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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