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(영문) 수원지방법원 2017.06.14 2017고단1085

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Eranchising motor vehicles.

On December 24, 2016, the Defendant driven the above car at around 15:10 on December 24, 2016, and proceeded with the road in the 3rd apartment complex located in the 46-gild-ro 14-gild-gu course in Suwon-gu, Suwon-gu, Suwon-gu.

Since the place is a road with frequent passage of people, there is a duty of care to prevent accidents in advance by safely driving a vehicle by reducing speed for those engaged in driving service and checking the right and the right of the road and the right and the right of the road.

Nevertheless, the Defendant neglected to do so and neglected to go beyond the victim F (the age of 85) who walked on the above road due to negligence that led to the failure of the Defendant to proceed as it was.

Ultimately, the Defendant caused the victim to die by occupational negligence on January 18, 2017 at H hospitals located in the 3rd floor of the same Gu, and caused the death of the victim due to the diversative aggregate due to the diversative aggregate at H hospitals located in the same Gu G3.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to traffic accident reports, case-related photographs, diagnosis certificates, and death diagnosis certificates;

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. Selection of selective fine for punishment (average circumstances favorable to the grounds for sentencing);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act - the circumstances unfavorable to the sentencing of the victim’s death - the most favorable circumstances - the Defendant recognizes all criminal facts. The vehicle operation speed of the Defendant at the time of the accident is considered. - Taking into account the situation of the victim immediately after the accident and the circumstances leading to the death of the victim. - The Defendant’s bereaved family does not agree with the victim’s bereaved family members to punish the Defendant any longer.