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(영문) 수원지방법원 여주지원 2017.11.21 2017고단805

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

On March 10, 2017, the Defendant, who is engaged in driving of a special cargo vehicle with D, X, was a person driving the above cargo vehicle around 14:40 on March 10, 2017, and was in the traffic signal waiting at the two-lanes in order to turn to the left from the upstream of the dynamic intersection in Seoul Mapo-gu to the ebbbbbbrh at the upper intersection.

At this point, traffic of pedestrians is frequent along the intersection where signal lights and crosswalks are installed, and the freight of the Defendant’s driver is higher than that of ordinary automobiles with large vehicles, and pedestrians walking in the front or right side of the freight vehicle are not well visible. As such, a person engaged in driving service has a duty of care to safely drive the vehicle by accurately operating the steering system, steering system and other devices of the vehicle.

Nevertheless, the Defendant neglected this and got off the pedestrian signal from the right side of the Defendant’s driver’s cargo vehicle to walk ahead of it, and the victim E (the age of 84) who was crossinged without permission after the Defendant’s negligence, caused the Defendant’s death of the victim by the pulmonary shock.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident report;

1. A traffic accident occurrence report;

1. A written statement on the occurrence of traffic accidents;

1. A written statement;

1. Application of Acts and subordinate statutes of a death certificate;

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. As to the claim of Article 334(1) of the Criminal Procedure Act, the Defendant began to cut the road at a place other than the crosswalk when the injured person completely finished the pedestrian signal of the crosswalk, and the Defendant, who started to proceed to turn to the left after all the pedestrian signal of the crosswalks, did not violate the duty of care.