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(영문) 창원지방법원 통영지원 2017.09.22 2017고단837

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 12, 2017, the Defendant is a person who is engaged in driving off B B-2 cargo vehicles, and the Defendant driven the above cargo vehicles around 07:05 on April 12, 2017, and proceeds at a speed of about 94.2 km from the surface of the bus stop in the outside of the G-Seong-gun-gun, Gosung-gun, the top of the two lanes in front of the bus stop in the outside of Sacheon-si, Sacheon-si, at a speed of about 94.2 km.

Since there is a crosswalk on which signal lights are installed at a front door, there was a duty of care to properly see the front door and the left and right of the driver, and to prevent the accident by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected this and did not find out the victim C (the 68 years old) crossing the crosswalk to the port from the right side of the opposite side of the marina by his negligence, when the pedestrian signal is red light, and had the Defendant go beyond the floor by taking the front side of the Defendant’s vehicle.

Ultimately, around April 12, 2017, around 07:43, the Defendant caused the victim’s death by the occupational negligence in the emergency room of the E Hospital located in G, Jinnam-gun, Jinnam-gun, due to diversification and damage to light water.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident, a report on the actual investigation into the traffic accident, and an accident scene photograph;

1. Each report on internal investigation:

1. Inquiries from each resident;

1. The ledger of vehicle driver's licenses (A);

1. A death diagnosis certificate (C);

1. Written records of autopsy and documentary evidence of autopsy;

1. The application of Acts and subordinate statutes to response to requests for appraisal, digital analysis and appraisal;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act (Consideration of punishment, the admission of punishment, the admission of the facts charged, the adoption of the victim's side and the smooth agreement between the victim and the victim in the occurrence of an accident, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;