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(영문) 청주지방법원 충주지원 2017.04.28 2017고단239

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

On February 5, 2017, around 17:42, the Defendant, at the Chungcheong City, driven a crosswalk in front of the E convenience store located in D, in a three-dimensional distance, with one-lane cultural distance, and continued to drive a F-high speed car in a two-lane.

At the same time, a crosswalk without signal lights is installed on the front door, and the victim G (V, 79 years old) was placed on the left side from the right side of the defendant's vehicle to the left side, so there was a duty of care to prevent accidents by temporarily stopping the person engaged in driving service.

Nevertheless, the defendant did not discover the victim of the crosswalk and proceeded with it consecutively, and caused the victim to go beyond the road by shocking the victim with the front part of the right part of the defendant vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence on February 16, 2017, which caused the death of the victim from stressed symptoms at the GH hospital in the original state around 16:00.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made to I by the police;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. On-site photographs;

1. The photograph and description of the deceased;

1. Taking photographs at the scene of the traffic accident and explanation thereof;

1. A death certificate;

1. The driver's license ledger and the next registered inquiry;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the selection of a punishment, the Defendant, by neglecting his/her duty to take the front direction while driving a motor vehicle, resulting in the death of a victim on a crosswalk and resulting in the death of a victim on a crosswalk. It is an accident on a crosswalk and the result of the serious death has to be strictly punished in light of the following:

However, the defendant led to the confession of all crimes and reflects in depth, the defendant was the first offender who has no previous record, and the defendant paid 30 million won to the bereaved family members of the victim with the agreed amount.