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(영문) 수원지방법원 평택지원 2018.07.26 2018고단395
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a knife vehicle in Ireland.

On October 31, 2017, the Defendant driven the above van on the 12:10 on the 31st day of October, 2017, and led the Defendant to proceed from the eth parallel to the ethic parallel along the two lanes in front of the F Child Care Center E in Ansan.

At that time, the intersection is not installed with signal, so the driver had a duty of care to safely drive the vehicle by reducing speed and temporarily stopping the right and the right of the vehicle.

Nevertheless, the Defendant neglected this and went to the right from the left side of the Defendant’s course due to negligence, and brought the back part of the Victim G (67 Do) driving with the right side of the Defendant’s direction into the front side of the Defendant’s seat. As a result, on February 1, 2018, the victim died of the victim’s death due to a heart suspension by blood transfusion, etc. at a university hospital of the Republic of Korea, which is located in 201 toward the south-dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

Ultimately, the Defendant caused the death of the victim by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to a traffic accident investigation report, on-site photographs, photographs near the scene and the scene, records of seizure and list of seizure, peripheral CCTV images and a death diagnosis report;

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 a serious consequence of the victim's death due to the instant traffic accident, except that there are some points to be considered in the background of the occurrence of the instant accident.

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