beta
(영문) 서울북부지방법원 2016.09.27 2016고단1725

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 who is engaged in driving a Dystro in Ireland.

On March 9, 2016, the Defendant driven the above 09:40 on March 9, 2016, and driven the two-lane road in front of Gangnam-gu Seoul, Gangnam-gu, Seoul, in the direction of the “Tyang Scam” in the direction of the “Tyang Scam”, and got the U-turn beyond the central line while driving on about about 10km in the direction of the “Tyang Scam”.

At this point, there is a center line of yellow domin lines, so in such a case, there was a duty of care to prevent accidents in advance by making a safe internship at the permissible place of the U.S., while looking closely at the right and right of the driver of the motor vehicle.

Nevertheless, the defendant neglected to do so and caused the victim who gets over the center line to go up with the front part of the victim F (the 84 years old) who was driving by the defendant due to the negligence of the defendant's driver, and was faced with the front part of the left side of the said vehicle.

Ultimately, around 10:33 on March 9, 2016, the Defendant, by occupational negligence, killed the victim from “H hospital” located in Gangnam-gu Seoul Metropolitan Government G to the heart stop.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has no record of any other crime except for 20 years prior to a fine before 20 years prior to the sentencing, the vehicle driven by the defendant is covered by a comprehensive insurance. The defendant separately pays 30 million won to the bereaved family members of the victim and does not want the victim's punishment by agreement. The victim's negligence over crossing the road without permission in the occurrence of the accident in this case.