beta
(영문) 서울중앙지방법원 2018.07.20 2018고단3374

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 low-priced car.

On April 13, 2018, the Defendant driven the above car on April 14:5, 2018, and continued six lanes in front of FF Driving Schools in Dongjak-gu Seoul Metropolitan Government E along the two-lanes from the offside of the street to the offside of the street.

Since there are crosswalks installed by signal apparatus at the front door, the driver has a duty of care to prevent accidents in advance by driving safely, such as complying with signals, checking whether there is a pedestrian by checking the front door and the right and the right of the driver.

Nevertheless, due to negligence of neglecting this, the Defendant found the victim G ( South and 89 years old) crossing the crosswalk from the left side to the right side in accordance with the pedestrian signals by neglecting it, but the Defendant did not stop and went beyond the road by receiving the victim from the front part of the Defendant’s vehicle.

As a result, the Defendant caused the victim by occupational negligence to die from the “multi-marral surgery and diversary surgery” in the heading room of the Central University Hospital around April 15, 2018.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Provisional Payment Order, although there were significant consequences leading to the death of a person, the defendant who acquired the driver's license seems to have been aware of an accident due to his/her failure to drive, and the defendant seems to have caused an accident due to his/her old age. The defendant recognized his/her mistake and paid consolation money to his/her bereaved family members while expressing his/her intention to commit several crimes.