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(영문) 의정부지방법원 고양지원 2016.01.14 2015고단2403

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 DNA car.

On January 22, 2015, the Defendant driven the above car at around 18:50, and came to turn to the right at the intersection of the mountain at the intersection of the Jinsan-dong, Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-si, Seoyang-si, and the length of the intersection of the private street, which is the two-lanes of the intersection, was turned to the right at the intersection of the mountain.

In that sense, at the time, the victim E (85 ) was in a state where the pedestrian signal of the front direction of the road was red, so in such a case, the driver of the vehicle has a duty of care to safely drive the road by checking the front direction and the right and the right of the road well and the right and the right of the road, checking the pedestrian's intention and the situation thereof, and accurately operating the steering direction and the brake system accordingly.

Nevertheless, the Defendant neglected to do so and went on as it is, caused the victim's right body to the right body of the victim to be shocked on the front side of the driver's seat of the front car of the Defendant, and used the victim on the floor.

Ultimately, the Defendant, by such occupational negligence, caused the victim to die with a multiple long-term care hospital in G in Seodaemun-gu, Seoul on March 23, 2015, when he/she sent the victim to the G care hospital located in Seodaemun-gu, Seoyang-gu, Busan, Seoyang-gu, Seoyang-gu, Seoul, to receive treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of the actual survey report, death diagnosis report, and photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Optional to Penalty)

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

1. Sentencing specified in Article 334(1) of the Criminal Procedure Act

1. The scope of punishment by law: Fines not exceeding 20 million won;

2. Whether the sentencing criteria are applied: It is a small case and a fine.

3. Determination of sentence: damage resulting from a fine of five million won.