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(영문) 청주지방법원 2017.07.04 2017고단459

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On February 6, 2017, the Defendant driven the said car around 05:18, and proceeded at a speed that would not be known by three-lanes in front of the D stations located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

At the time, there are nights, and there are crosswalks where signal lights are installed at the front door, so there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person to reduce the speed and to check well the front door, and to prevent accidents in advance by driving the motor vehicle.

Nevertheless, the defendant neglected this and proceeded with the front bank without a speed, and found the victim E (the 77 years old) who crosses the crosswalk to the right side from the left side of the crosswalk at late time, and operated it to avoid this. However, the defendant did not avoid it and did not go beyond the ground by the victim's bridge with the front door of the vehicle of the defendant.

Ultimately, the Defendant’s occupational negligence caused the death of the victim due to multiple organ damage, etc. at the G hospital emergency room located in the Young-gu, Young-gu, Young-gu, Seoul, where the victim was under the treatment of transmission after around 05:35 on February 6, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A H statement;

1. The actual survey report and on-site photographs;

1. A death certificate;

1. Application of Acts and subordinate statutes to report on investigation (report on viewing of black boxes and video images);

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

1. Selection of a fine of choice of punishment (including the fact that the victim has committed an error of crossing the victim's clothes at night without permission, the victim's bereaved family members and the bereaved family members have agreed so far, and the fact that the defendant has no criminal record of the same kind);

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