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(영문) 서울남부지방법원 2017.08.09 2017고정1046

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of a car known to D.

On December 23, 2016, the Defendant driven a car at around 09:50, and opened the car at around 09:50, and led the Defendant to drive the car at around 87-gil, Guro-gu, Seoul, and one-lane, one-lane, one-lane, one-lane, one-lane, one-lane, one-lane, one-lane, one-lane from the front door of the Hanjin apartment at the Hanjin apartment.

Since there is a three-distance intersection where the speed limit, crosswalk, and temporary suspension line are installed, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle after checking whether there is a motor vehicle or a person driving on another direction by reducing speed and temporarily stopping the right and the right before entering the intersection.

Nevertheless, the defendant neglected to stop on a temporary stop line without stopping it, and went to the right side from the left side of the running direction of the defendant, and received a bicycle for the victim E (84) driving on the right side from the left side of the driving direction of the defendant.

Ultimately, around January 25, 2017: (a) around 07:30 on January 25, 2017, the Defendant caused the victim’s death due to the occupational negligence, such as the removal of fage at the university of foreign women and the fage hospital located in the university located in Yangcheon-gu, Yangcheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. A death certificate;

1. Application of the Acts and subordinate statutes governing video records CDs on face of an accident;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) was the Defendant, who was frighten in the course of sentencing, and the victim was crossinged by the way of the lawsuit, and thus, the victim was also negligent in doing so even though he was obliged to enter by examining the left and right.