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(영문) 서울남부지방법원 2016.06.30 2016고단1684

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On February 10, 2016, the Defendant driven the above car at around 09:04, and driven the road of one lane in front of Yangcheon-gu Seoul Metropolitan Government at a non-speed direction to the direction of the village, such as from the side surface of the road along the National Assembly.

Since there is a narrow road of one lane, the defendant engaged in driving of the motor vehicle has a duty of care to drive the motor vehicle safely by thoroughly and thoroughly.

Nevertheless, the defendant did not find out the victim D (0 years of age) who was unclaimed from the right side of the road due to negligence while neglecting this, and did not see the victim D (0 years of age) who was unclaimed on the right side of the road.

Ultimately, around February 10, 2016, around 21:27, the Defendant caused the victim to die due to the occupational negligence as seen above, at the Gecheon Women’s University’s University and Gedong Hospital located in the University of Yangcheon-gu Seoul, Yangcheon-gu, Yangcheon-gu, Yangcheon-gu, Seoul, to die due to the diverosis of trauma.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A death certificate;

1. A traffic accident report;

1. Image image of an accident;

1. Application of accident video CD-related Acts and subordinate statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is very bad that the defendant caused the death of the victim by causing a traffic accident, but the defendant is the primary offender, the vehicle driven by the defendant is covered by a comprehensive insurance, the victim's unauthorized crossing of the vehicle was caused by the occurrence of this case, and the victim's bereaved family members agreed smoothly with the victim, and other conditions for sentencing under Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, etc., shall be determined as ordered by taking into account the following factors: