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(영문) 대전지방법원 천안지원 2017.09.21 2017고단1552
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of seven 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 motor vehicle with sod vehicle of C. C.

On June 3, 2017, the Defendant driven the above vehicle at around 08:58 and proceeded along the two-lanes of the road from the boundary of the Chungcheong Hospital to the day of the instant hospital with the way of four-lanes in the south-gu, Chungcheongnam-gu, Chungcheongnam-do.

Since a crosswalk is installed, there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brakes for those engaged in driving vehicles.

Nevertheless, the Defendant neglected to do so and did not find out the victim F (55 years old) crossing the above crosswalk in accordance with the red signals from the left side of the Defendant’s direction to the right side, and received the victim from the left side of the Defendant’s vehicle.

Accordingly, the Defendant caused the victim by occupational negligence above to the same month.

5. Around 14:39 around 14:39, at the Yancheon-si National University Hospital located in 6:31,000, in the south-gu Yancheon-gu, South-gu Yancheon-do, resulting in the death of external cerebral

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A H statement;

1. A survey report on actual conditions;

1. On-site photographs;

1. A report on internal investigation (the telephone conversations of a harvested person);

1. Protocol of inspection;

1. Application of Acts and subordinate statutes on investigation reporting;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are recognized and reflected in the crime, the victim also commits gross negligence in the occurrence of the accident of this case, the victim’s bereaved family members, the fact that there is no record of crime except for a fine imposed due to a violation of the Food Sanitation Act, and other conditions of sentencing, such as the defendant’s age, sex, environment, and circumstances after the crime, shall be determined as per the order.

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