(영문) 서울북부지방법원 2020.07.23 2020고단399

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(영문) 서울북부지방법원 2020.07.23 2020고단399

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of 12,000,000 won.

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 a low-speed car.

On October 18, 2019, the Defendant driven the above vehicle at around 05:30 on October 18, 2019, and turned to the left at the direction of the parking lot from the right side of Dongdaemun-gu, Dongdaemun-gu, Seoul.

In such a case, although a person engaged in driving of a vehicle has a duty of care to accurately operate the steering place, brakes and other devices of the vehicle and to safely drive a bicycle on the right side in the direction left side of the proceeding, he found the victim C (Nam, 7 years of age) who is driving a bicycle on the right side, and by going through X-cella while undergoing X-cella, the defendant's vehicle appears to be moving the victim to the right side and the defendant as he was not the victim. However, in light of the first shock point that can be seen by the evidence mentioned above, such as the black boom video, etc., the vehicle of the defendant's vehicle is deemed to be moving the victim to the final location without facing the victim.

Ultimately, around October 18, 2019, around 05:50 on October 18, 2019, the Defendant caused the victim’s death due to the crym cage at the above site by the aforesaid negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement made to the police in relation to D;

1. A survey report on the occurrence of a traffic accident, a photograph related to the accident, and a report on internal investigation (with respect to a change of death);

1. A written result of autopsy and postmortem examination;

1. Application of the Act and subordinate statutes on October 18, 2019, of the incident video (booming)

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

참조조문

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