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(영문) 의정부지방법원 2017.11.22 2017고단3784

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of 12,000,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle with C low Pest another car.

On June 12, 2017, the defendant operated the above vehicle at the E- Jeong-dong community service center located in D at the time of the Government-Si around 10:30 on June 12, 2017, and turn to the left.

Since there is a crosswalk that has no signal such as a signal immediately after the left turn, a person engaged in driving service has a duty of care to prevent accidents in advance by checking whether there is a pedestrian or not, and by safely making a left turn to the left by protecting pedestrians.

Nevertheless, due to the negligence of neglecting this, the defendant found the victim F (n, 80 years of age) who dried the crosswalk from the right side of the proceeding to the left, and did not avoid it, and caused the victim's death to a late stop by pressure of training at the Government Sung-Ma Hospital around 23:53 of the following day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. A traffic accident report;

1. On-site map;

1. On-site photographs;

1. The investigation report (as to the black picture)

1. Investigation report (as to the recognition of negligence responsibility for violating the duty to protect pedestrians against the victim);

1. A death certificate;

1. Application of Acts and subordinate statutes concerning 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 criminal facts;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act was that the victim died due to the instant traffic accident.

A person who operates a vehicle requiring expertise shall not be liable for the same result caused by his/her negligence.

In addition, the victim has already tried to turn to the left at the time of the defendant's vehicle.