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(영문) 인천지방법원 2018.08.29 2018고단4965

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of nine 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 of D SP car.

On March 12, 2018, the Defendant driven the above car at around 17:25 on March 12, 2018, and led to the left-hand turn to the operation station on the side of the modern apartment.

At this point, there was a crosswalk installed at the front door, so the driver engaged in the driving of the motor vehicle has a duty of care to thoroughly handle the steering gear and the brake system and to prevent the accident.

Nevertheless, the Defendant did not find out that the victim E (87) who started crossing the above road until the time when the signal was completed due to the negligence of the Defendant’s failure, continued crossing the road after the change of this signal, and used the victim on the floor by receiving the victim as the front part of the above spke car.

Ultimately, the Defendant caused the victim to die by occupational negligence as a result, at the Yancheon-si University annexed to the Yancheon-do University, 170 as the floor of the 22:50 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. Application of Acts and subordinate statutes to field photographs of the accident site, photographs of the vehicle under consideration, and investigation reports (investigation into signal marking and CCTV images);

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. In full view of the circumstances under the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, and other circumstances of sentencing as indicated in the instant records and trial process, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the instant crime, means and method, and circumstances after the crime, etc., the sentence identical to the order shall be determined.

A disadvantageous condition: A person who suffers damage due to the instant accident.