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(영문) 서울중앙지방법원 2014.10.15 2014고단6047

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving Gbts C Motor Vehicles.

On June 11, 2014, the Defendant driven the above vehicle around 00:16, and proceeded one lane among the four-lanes of 596 Mapo-dong, Gangnam-gu, Gangnam-gu, Seoul, with about 111 km in speed from the area of Samsung Seoul Hospital to the area of the Simpo-si, Seopo-dong.

At the time, since the night and the speed limit is 70 km a hour, the driver had a duty of care to prevent accidents by complying with the speed limit and driving safely by checking well the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and went beyond the speed of 41 km per hour, and the Defendant’s negligence of proceeding without living well the front side of the Defendant’s vehicle, which led to the victim H (56 years old) crossinging the road from the left side of the vehicle to the right side of the vehicle.

Ultimately, around 01:02 on June 11, 2014, the Defendant caused the death of the victim from the Samsung Seoul Hospital located in Samsungwon-ro 81, Gangnam-gu, Seoul due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. The actual condition survey report;

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

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is recognized that the Defendant, while driving at a speed exceeding the speed limit at the right side of the vehicle at the right side while driving the intersection, led to death by shocking the victim crossing the right side from the left side of the vehicle.

However, the accident of this case, however, has passed the walking island at the center of the road while the victim illegally crossed the two-lanes of nine-lanes from the clothes in the color with which it is not easy to identify while drinking at the time of the victim's self-defense.