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(영문) 서울중앙지방법원 2017.04.14 2017고정304

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a KS5 car volume.

On October 03, 2016, the Defendant driven the above vehicle around 06:20 on October 03, 2016, and proceeded at a speed of about 58 kilometers in speed, depending on two lanes in the direction of the burial ground in the front side of Jongno-gu Seoul Metropolitan City.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to prevent accidents in advance by reporting the traffic situation well and safely.

Nevertheless, the defendant neglected to do so and neglected to do so, and the victim D (80 years and women) crossing the road from the left side of the direction to the right side of the road to the right side of the road at the place without a crosswalk.

However, there was a conflict between the injured party and the front right side of the driving vehicle of the accused.

Accordingly, the defendant caused the death of the above victim due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A yellow tide, a report on the occurrence of a traffic accident, or a protocol of inspection;

1. Application of the Acts and subordinate statutes concerning photographs, field photographs, divists photographs, death photographs, and black stuffs, by cutting down a black stuff;

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. Although the grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment arose, there was a significant result leading to the death of the victim, the defendant agreed with the bereaved family members of the victim, the bereaved family members of the victim did not want the defendant's punishment, the defendant was an initial criminal without any criminal punishment, and the accident of this case occurred before sunrise.