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(영문) 청주지방법원 2018.02.09 2017고단956

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 a Dbee or a car.

On March 18, 2017, the Defendant, around 09:55, proceeded at a 3-laned-ro, Sin-si, Sin-si, Sin-si, Sin-si, one-laned-4 lanes in front of Sin-si, Sin-si, and proceeded at a speed that would not be known along the three-lanes in the direction of the sand.

There are crosswalks where signal lights are installed on the front door, so it is confirmed whether a person engaged in driving service has a duty of care to reduce speed and to see well the front door, and to safely drive according to the traffic signals.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed while the signal was changed to the stop signal, and found the victim F (F, 72 years old) to the left-hand side of the crosswalk using the crosswalk in accordance with the pedestrian signals, and applied it rapidly to avoid this. However, the Defendant did not avoid it, but did not go to the right-hand side of the victim, and did not go beyond the ground by taking the victim's head part after the Defendant's driving on the right-hand side of the car.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the H hospital emergency room located in Cheongju-si G in substantial G in Cheongju-si, where the victim was under the treatment for transmission after around 15:48 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Report on the occurrence of a traffic accident, report on the actual condition of the accident, report on the scene of the accident, photographs of the scene of the accident, black images, and photographs of the dead body;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

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

1. In the instant accident with the reason for sentencing of Article 334(1) of the Criminal Procedure Act, the Defendant’s negligence is severe and the victim’s death occurs.