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(영문) 수원지방법원 평택지원 2017.11.23 2017고단1186
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

The defendant is a person who has driven a car at CV in the course of duty.

On February 15, 2017, the Defendant driven the above vehicle at around 08:30 on February 15, 2017, and was driving in the direction of the 2nd parallel of the shooting distance in front of the oil station in Pyeongtaek-si D.

Since there is no signal apparatus, in such a case, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle is another motor vehicle already entering the intersection by properly examining the right and the right and the right of the motor vehicle, and to yield the course for the motor vehicle and safely.

Nevertheless, the Defendant neglected this and led to the failure of the Defendant to enter the intersection by entering the right side from the left side of the progress direction to the right side of the Defendant’s vehicle, and the part of the front side of the right side of the G Aburged car driven by the Victim F, who was in progress by the victim F, was driven by the Defendant’s driver.

Ultimately, the Defendant caused the death of the victim in the same workplace due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes governing the actual condition of traffic accidents and the completion of postmortem examination;

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 sentencing conditions of the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime are determined by comprehensively taking account of the following circumstances under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and other conditions of the sentencing indicated in the record.

- The occurrence of the serious consequence of the death of the victim caused by the instant traffic accident, except that there are some factors to be considered in the circumstances of the instant accident. - Aquatic Vehicle is covered by a comprehensive insurance and the defendant has agreed with the bereaved family of the victim.

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