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(영문) 서울동부지방법원 2016.06.23 2016고단1293
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 22, 2015, the Defendant driving a car around 16:15, CE520, and proceeded with the military guard in the area of the military, depending on five lanes in front of the 525 foreign exchange bank, as Seoul Gwangjin-gu, Seoul.

Since there are lots of intersections, vehicle traffic volume is high for each lane, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle, such as a safe operation of steering devices and brakes, and to prevent accidents by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and failed to discover the victim D (73 years old) who drives a bicycle on the right side from the left side of the running direction by failing to view the right side as it is, while moving to the straight line signal of the vehicle, and instead did not discover the victim D (73 years old) and received the right side of the bicycle on the right side of the victim's bicycle from the left side of the driving direction.

Ultimately, around August 4, 2015, at around 15:45, the Defendant caused the victim to die due to the foregoing occupational negligence at the National University Hospital located in Gwangjin-gu, Seoul Special Metropolitan City due to the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident investigation report, each photograph, traffic accident analysis response, investigation report (investigation into black stuff images), investigation report (in the event of signal at the accident location), video CD;

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

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 of Article 334(1) of the Criminal Procedure Act, which led to a serious result of the death of the victim due to the negligence of the defendant, but the victim was crossing the road to a place other than the crosswalk on the bicycle, and the direction of the vehicle of the defendant.

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