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(영문) 수원지방법원 평택지원 2018.05.30 2018고단186
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 driving of D Ethical vehicles.

On January 2, 2018, the Defendant driven the above vehicle on January 2, 2018, and moved the front of the shooting distance to the front side of the Gyeongnam-do, which was located in 267 as Pyeongtaek-si games.

Since there is a signal light and crosswalk installed, in such a case, there was a duty of care to check whether a person engaged in the driving of a motor vehicle gets on a crosswalk by reducing the speed of the person engaged in the driving of the motor vehicle and by properly examining the right and the right and the right of the person, and to safely drive the crosswalk according to the new

Nevertheless, the Defendant neglected this and did not check whether there was a person who gets a signal signal and a crosswalk, and instead, did not find the victim E (W, 62 years old) who was walking the crosswalk in accordance with the pedestrian signals of the crosswalks, and did not find the victim E (W, 62 years old) who was walking along the crosswalks, and went over the road to the front part of the above vehicle, and got off the road, and tried the victim with the front wheels of the above vehicle.

‘‘(C) As such, the Defendant caused the death of the victim by an occupational negligence at G hospital located in Pyeongtaek-si F, which was under treatment after around January 2, 2018, due to a low-blood shock (out of the mouth), etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

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

1. Although Article 334(1) of the Criminal Procedure Act provides that, for the reason of sentencing of the defendant for the provisional payment order, the liability for the crime may not be denied as a result of the death of the victim due to the gross negligence of the defendant, the fact that the error is recognized, the fact that the victim's bereaved family members have reached an agreement with the victim, the first crime, and the case that the victim would be sentenced to imprisonment without prison labor or heavier punishment.

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