logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.10.12 2016고단5197
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the driving of a tea in Category C.

On April 9, 2016, the Defendant driven the above van on April 22 and 35, 2016, and led the two lanes in front of the E system set in Dongjak-gu Seoul Metropolitan Government D, to proceed from the front side of the E system set at the new elementary school.

At the time of night, there was no good view at the night, and the signal lights and crosswalks are installed on the front line of the front line. In such a case, a person engaged in driving a motor vehicle had a duty of care to look closely at the front line and the right and the right, and to accurately manipulate the steering gear, brakes, etc., and prevent the accident from occurring.

Nevertheless, the Defendant neglected the above duty of care and did not discover the victim F (50 years of age) who crosses the road to the port from the right side of the above van to the port, and received the victim from the front side of the above van.

Accordingly, the Defendant caused the victim's death by blood transfusion from the public hospital in the Seoul Metropolitan Government Bolaro 20-ro 5-gil, Dongjak-gu, Seoul, where the Defendant was under medical treatment at around 02:30 on April 10, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on respective traffic accidents and reports on occurrence of traffic accidents;

1. Each police statement of G and H;

1. On-site photographs at the time of accident;

1. A death diagnosis report and a written record of autopsy;

1. Application of Acts and subordinate statutes on comprehensive traffic accident analysis and replies;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Fine) of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of Article 334(1) of the provisional payment order results in the serious result of the victim’s death due to the instant accident, the Defendant

However, the defendant is an initial criminal who has no record of criminal punishment.

arrow