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(영문) 수원지방법원 2019.06.26 2019고단400

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a rocketing taxi vehicle.

On December 27, 2018, the Defendant driven the above vehicle at 00:10,00, and led the two-lane prior to D Schools in Osan City, Osan City, to the speed of 52 km each hour from the south underground streets to the southwest distance.

Since the location is a crosswalk where signal lights are installed and the speed limit is 30 km speed to children protection zone, a person engaged in driving motor vehicles has a duty of care to ensure safe operation by complying with signal and speed limit and accurately operating the steering and brake system.

Nevertheless, the Defendant neglected to do so, and due to the negligence of speed exceeding 22 km per hour, caused the part of the victim E (the age of 51) who walked on the crosswalk when the crosswalk signal, etc. is red, to the right side of the direction from the left side of the road. The Defendant was placed on the front side of the driver's seat of the Defendant.

Ultimately, the Defendant caused the death of the victim due to the symptoms of serious brain injury by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The offender's land, the actual survey report, the scene photograph of the accident, the body photograph, and on-site photograph;

1. Gabbbling photographs, cabboxes and sing CCTVs, by cutting down a black image;

1. To forward a investigative report (19 emergency medical services day) and 119 emergency medical services daybook;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is likely to cause death by shocking the victim crossing the road even though the pedestrian signal was red.

However, the defendant committed the crime of this case.