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(영문) 수원지방법원안산지원 2020.10.28 2020고단1453

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 Bchip car.

On February 18, 2020, the Defendant driven the above car at around 04:20, and driven the road of 784 lanes and 4 lanes in front of the Kosan-si, Ansan-si, according to the center of the members of Ansan-si.

In such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle, such as taking into account the situation where the motor vehicle is parked in the front, accurately manipulating the steering gear and the brake system, preventing the collision with the front vehicle, etc., as the traffic control is conducted in accordance with the signals of signal apparatus.

Nevertheless, the Defendant neglected to stop at the front side of the Defendant’s vehicle due to negligence and attempted to stop from the front side of the Defendant’s vehicle to a signal atmosphere, and pursuant to the changed new name that was green, received the rear part of the D Costaex, which was driven by C, as the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim E (the age of 50) who was on board the Defendant’s seat after the head of the vehicle, due to the above occupational negligence, due to the death of the Defendant at the site.

Summary of Evidence

1. The police's statement of the defendant C in court;

1. The actual survey report and related photographs;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Based on the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions indicated in the records, such as the following circumstances, Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as ordered by the order.

A disadvantageous condition: A serious condition of the victim's death.