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(영문) 서울중앙지방법원 2018.07.18 2018고단3312

교통사고처리특례법위반(치사)

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 BF rocketing car.

On February 2, 2018, the Defendant driven the above vehicle at around 18:17, and proceeded with the entrance at a speed of about 5 km at the Si-ro 16-gil 48, Gwanak-gu, Seoul Special Metropolitan City, for a speed of about 5 km.

In this case, the driver of the motor vehicle had a duty of care to prevent accidents in advance by taking the front side and left side and right safely into account the driver of the motor vehicle.

Nevertheless, the defendant neglected this and proceeded with all the lights, and did not discover the victim C (son, 79 years old) who was enjoying on the parking lot floor, and did not find the victim C (son, 79 years old) who was enjoying on the parking lot, and charged the victim's chest with the front qui part.

Ultimately, the Defendant caused the victim’s death by occupational negligence on the same day at the Hannam University Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government on the same day due to damage to the scarcity.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) (2);

1. A written statement on the occurrence of traffic accidents;

1. Photographs related to accidents;

1. Application of Acts and subordinate statutes of a death certificate;

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

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 is recognized and reflected in the order of provisional payment.

There is a fault of the victim in the occurrence of an accident, considering that the victim was faced with an accident in the underground parking lot where the victim was kept.

As the bereaved family members agree with the victim's bereaved family members, the bereaved family has not been punished.

It is the first crime.

In addition, the punishment shall be determined as ordered by comprehensively taking into account all the conditions of sentencing, such as the defendant's age, sex, environment, background leading to the crime, and circumstances after the crime.