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(영문) 수원지방법원 여주지원 2018.03.09 2018고단102
교통사고처리특례법위반(치사)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a motor vehicle B and C.

On October 9, 2017, the Defendant driven the above cargo vehicle around 12:13, and got the three-lane road in front of the D cafeteria located in Ischeon-si, Leecheon-si, to be a U.S. hotel seat, which is going along one-lane from the surface of the terminal to the seat of the hotel.

In this case, the driver of the motor vehicle has a duty of care to prevent accidents by driving the motor vehicle with the road that is intended to reduce speed and drive before, after, after, after, and after the accident.

Nevertheless, the defendant neglected this and did not discover the victim E (the 80-year old) who is crossing the road towards the truck of the defendant in the front direction of the defendant's right-hand side of the defendant's cargo vehicle in the front direction of the defendant's right-hand side, and had the victim use it on the floor by taking the front side of the cargo vehicle of the defendant.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence at the Giju National University Hospital located in 164, Young-gu, Suwon-si, Suwon-si, where the victim was under the treatment of transmission after October 9, 2017, due to the occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports (1), (2) on traffic accidents;

1. On-site photographs;

1. A death certificate;

1. Application of statutes not to apply punishment;

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 concerning criminal facts;

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

1. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is recognized as well as the fact that the victim without permission is highly negligent in crossing the unclaimed place;

The fact that it appears with the victim's bereaved family members, the fact that it is agreed with the victim's bereaved family members, are highly valuable

The sentencing condition of Article 51 of the Criminal Code, such as the defendant's age, sex, environment, etc., is not visible.

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