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(영문) 서울북부지방법원 2019.07.25 2019고단2167
교통사고처리특례법위반(치사)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a concrete mixture truck B.

On March 20, 2019, the Defendant driven the above vehicle on March 20, 2019, while driving the front road of the Seoul Jung-gu Seoul Metropolitan Government C in the direction of the private household distance from the the end of the wind tunnel to the front road of the private household street, the Defendant stopped in accordance with the vehicle stop signal at the crosswalk, and re-entered in accordance with the vehicle moving signals.

There was a crosswalk installed, and the Defendant’s vehicle was already parked with a stop line, and as seen above, many pedestrians were placed in the above crosswalk pursuant to the pedestrian signals immediately before the vehicle signal was changed to the ongoing signal, so in such a case, a person engaged in driving a motor vehicle had a duty of care to safely drive it by checking the right and the right and the right through a wheeler and assister, etc. before the start of the vehicle.

Nevertheless, the defendant neglected this and walked the crosswalk from the right side of the course to the left side by negligence, and re-entered the victim D (the age of 69) into the front part of the defendant's vehicle, followed the body of the victim who exceeds the right side of the right side, and caused the victim's death by double ruptures, etc. from the place of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A corpse of corpse;

1. An analysis of traffic accidents;

1. Application of Acts and subordinate statutes to a photograph at each accident site, victim's body and identification card photo, a photograph to capture a suspect's front image, a photograph to the right-hand image of the construction machinery, a photograph to capture a reporter's 112 video image, and a photograph to cut a motor vehicle image in the opposite direction;

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. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.

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