beta
(영문) 대구지방법원 2018.05.03 2018고단613

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of seven million won.

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 a C-A-hurd motor vehicle.

On August 24, 2017, the Defendant driven the above car at around 12:50, and proceeded with the road in front of the underground parking lot of the Gldong-gu Incheon Metropolitan City University Hospital underground parking lot located in 807, Daegu Northern-gu, Incheon Metropolitan City, from the ground parking lot to the underground parking lot.

Since there are places where crosswalks and parking rooms are installed before entering the underground parking lot, a person engaged in driving of a motor vehicle has a duty of care to safely drive by reducing the speed of the motor vehicle and accurately operating the steering and steering gear according to the instructions of the hospital parking personnel.

Nevertheless, the Defendant neglected this and got the victim of the victim D (the 75-year-old) who was riding a bicycle on the crosswalk by negligence without viewing the direction, even though the parking personnel failed to do so and did not see it, and got the victim to go beyond the floor.

Ultimately, the Defendant caused the above victim by occupational negligence as above.

9. 2. Around 06:10, at a university hospital in the Gi-do, Gidong-do, Gidong-do, Gidong-do, to death with a certificate of pulmonary color caused by a traffic accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Motor vehicle accident report, investigation report, boom photographs, response to requests for appraisal, response to requests for appraisal, and response to requests for appraisal (National Institute of Scientific Investigation);

1. Application of Acts and subordinate statutes to medical certificates and death certificates;

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. If a person who has sustained a bicycle for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, takes into account the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act was sufficient to the part of the Defendant’s driver’s vehicle, the Defendant would avoid the instant accident.