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(영문) 수원지방법원 2017.05.17 2016고단7621
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On October 12, 2016, the Defendant driven the said car at a speed of about 20 K km from the right side of the Or Information High School to the right side of the D cafeteria located in Osan-si, Osan-si.

At that time, the victim E (here, 69 years old) was driving on the left side of the defendant's running direction, and thus, the driver of the motor vehicle had a duty of care to safely proceed by checking the front side and the left side of the motor vehicle and prevent the accident in advance.

Nevertheless, the defendant neglected this and proceeded as it is, the victim's bicycle left side part of the victim's bicycle driving is the front part of the car driven by the defendant, and the damaged person due to the shock exceeded the road.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence as seen above by G hospitals located in the Osan-si F, Osan-si, where the victim was under medical treatment after around October 13, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a traffic accident report, report on the occurrence of a traffic accident, on-site photograph of a traffic accident, or photographic and death diagnosis report after photographing the images;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act - The defendant’s failure to perform his/her duty of care and thereby causes death of the victim. The favorable circumstances - the defendant recognizes all facts of crime. - The defendant is the initial offender - the bereaved family members do not agree with the victim’s bereaved family members to punish the defendant any longer. - At the time of the accident, the driving speed of the defendant’s vehicle should be taken into account. The victim shall be the victim.

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