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(영문) 서울북부지방법원 2018.09.06 2018고단2583
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 D M&V trucks.

On March 2, 2018, the Defendant driven the above truck on March 18:5, 2018, and made a turn to the left at the entrance of Jung-gu Office, Jung-gu, Seoul, the 179-ro, Jung-gu, Jung-gu, Seoul, to the left at the speed of 26 km per hour, along the three-lane road in front of the Jung-gu, Jung-gu, Seoul.

At the time, there was a crosswalk installed after sunset and there was no signal at that time, so the driver of the motor vehicle has a duty of care to stop the vehicle to check whether there is a pedestrian in the crosswalk, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the traffic signals.

Nevertheless, the Defendant neglected this and failed to avoid the victim E (47) walking on the left-hand side of the truck from the negligence of driving the crosswalk, and received the victim as the front-hand part of the truck.

Ultimately, around April 6, 2018, the Defendant caused the death of the victim at G hospital located in the F in Jung-gu Seoul Metropolitan Government on April 6, 2018 due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) a actual survey report;

1. A death certificate;

1. Application of the photographic Acts and subordinate statutes;

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 (the occupation of an occupational and an occupational physician), and the selection of a fine;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is close to the time when considering that a person’s life has disappeared due to the instant traffic accident, and the result is significant.

Therefore, there is sufficient need to punish the defendant strictly, but the vehicle operated by the defendant is covered by a comprehensive insurance, and the defendant's bereaved family members are unable to punish the defendant, and the victim's bereaved family members want to take the action.

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