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(영문) 수원지방법원 안산지원 2018.05.02 2018고단431 (1)
교통사고처리특례법위반(치사)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a D Nomno car.

On January 21, 2017, the Defendant driven the above car at around 05:28, and proceeded about 65 km each hour from the Myeon of Incheon to the waterside of the city according to the 4-lane in the front of the Dong-gu E in Ansan-si, Ansan-si. The Defendant driven the above car at around 05:28 to the waterside of the city.

At the time, the front door of the road flows at night, and there is a duty of care to safely operate the steering direction and brakes by accurately manipulating the steering direction and brakes or to drive a motor vehicle by avoiding pedestrians, as snow is stored in the part of the road, or the edge of the road, which is coming from the snow immediately preceding the front of the road and the snow is sucked at the edge of the road, or snow is in a situation where the snow is milated with a melter road, and thus, a person engaged in driving the motor vehicle has a duty of care to drive the motor vehicle by accurately operating the steering direction and brakes or by avoiding pedestrians.

Nevertheless, the Defendant neglected this and found the Victim F (24 years) who was walking along the four-lanes, and caused the Defendant’s damage to the front part of the vehicle in front of the said vehicle to go beyond the road by shocking the victim. On the same day, after about two minutes from the time of occurrence of the said accident, the Defendant served the victim of HM7 passenger vehicles driven by G at the same place as G, and caused the victim to die with low blood transfusion shocks caused by the Non-Fic fever at the Kansan Hospital of Korea Medical Center at Korea University, Korea University on January 21, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of each prosecutor's office concerning G;

1. A photograph and CD by cutting down CCTV images for crime prevention;

1. A death certificate;

1. The application of statutes to a response to a request for appraisal and a written appraisal of autopsy;

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

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

1. The defendant's age is the following normal relation with the reason for sentencing of Article 334 (1) of the Criminal Procedure Act.

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