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(영문) 서울북부지방법원 2016.05.12 2015고단3981

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 who drives C 124cc Oba.

On September 23:40, 2015, the Defendant driven the above Oba in front of the National Bank that was located in 769, Dobong-gu Seoul, Dobong-gu, Dobong-gu, Seoul, and continued to run the Obaba in three-lanes between four-lanes from the surface of the Dobong-gu to the surface of the Dobong-gu shooting distance.

Since the front door of the place is a road on which crosswalks are installed, the defendant engaged in the driving duty has a duty of care to reduce the speed, verify the existence of pedestrians, and safely drive the front door in good manner to prevent accidents in advance.

Nevertheless, the defendant neglected to perform the above duty of care and proceeded with the victim D who is walking on the right side from the left side of the direction-hand side of the defendant's right-hand side at the front side of the right-hand side of the defendant's O-to-hand side.

Ultimately, on September 12, 2015, the Defendant: (a) caused the death of the victim due to the occupational negligence in the form of a multi-diverance frame and the symptoms of long-term damage during the after-delivery treatment at the Gain Hospital in the Human University.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A death certificate;

1. A survey report on actual conditions;

1. A photograph of the scene of the accident and a photograph of the victim;

1. A report on investigation (a report on the statements made by a reporter or witness telephone);

1. Investigation report (report on the progress of investigation - Traffic death);

1. Application of Acts and subordinate statutes to a report on investigation (investigation into the protection of vehicles at the time of an accident);

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: A fine not exceeding twenty million won;

2. Scope of recommended sentences on the sentencing criteria: The sentencing criteria shall not apply in excess of the choice of fines; and

3. Sentence;