beta
(영문) 의정부지방법원 고양지원 2019.09.27 2019고단2235

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 10 million.

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 B-Wood vehicle.

On July 8, 2019, the Defendant driven the said car on July 18, 2019, and proceeded to turn to the left the front of the D road located in Yongsan-gu, U.S., U.S., U.S., in order to turn from the E to the virtue moving.

Since there is a road in the form of an intersection, a driver has a duty of care to safely operate the steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected to do so and did not turn to the right and the right and the right and the left, and was negligent in driving a bicycle from the victim F (the age of 81) driving along one way from the chilling side to the chilling side of the morals, which was driven by the victim F (the age of 81).

As a result, the Defendant caused the death of the victim due to the above occupational negligence at the He Hospital located in Yongsan-gu, Youngyang-gu, Seoul Metropolitan City, where the Defendant was under medical treatment at around 18:41 on July 11, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Other closure photographs;

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

1. Relevant legal provisions concerning facts constituting an offense, and Articles 3 (1) and 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment;

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

1. Although there was a serious result of the Defendant’s negligence in sentencing for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the Defendant recognized the instant crime and reflects his mistake, the first offender who has no particular criminal record up to the present time, and the bereaved family members are not wanting to be punished by agreement with all of the bereaved family members. Other records and arguments of the instant case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc.