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(영문) 서울남부지방법원 2018.01.18 2017고단5777
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Clearning car.

On October 15, 2017, the Defendant driven the above car at around 09:05, and driven the road of four lanes in front of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, with four-lanes from the jurisdiction of the Yeongdeungpo-gu Police Station at the Yeongdeungpo-gu, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes, etc. in a way that well sees the right and the right and the right and the right and the right and the right and duty of care.

Nevertheless, the Defendant neglected such duty of care and continued to cross the road without permission between the left-hand side and the victim E (the age of 89) who was trying to cross the road without permission, was in front of the right-hand side of the vehicle on the driving of the Defendant.

Ultimately, the Defendant’s occupational negligence caused the death of victims who were receiving treatment at Egrative hospitals located in Egrative hospitals located in Egrative Dong-dong Seoul, Yangcheon-gu, Seoul, due to their occupational negligence, such as low blood transfusion shock on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Protocol of inspection;

1. On-site photographs;

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 (including the fact that the victim was at fault of crossing the victim without permission, the first crime committed by the defendant, and the agreement with the victim's bereaved family members, etc.);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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