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(영문) 부산지방법원 동부지원 2017.08.10 2017고단1195
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

On April 6, 2017, the defendant driving a BM3 car around 15:40, and operated the road in the third apartment complex in the river complex in the Young-gu, Busan Metropolitan City at the direction of the underground parking lot from the entrance of the apartment.

Since there is a place where pedestrians' passage is frequent as a road in an apartment complex, the driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle on the front side and the left side.

Nevertheless, the Defendant neglected this by negligence and caused the victim C (the 70-year-old age) to die with external cerebrovassis at Busan National University Hospital located in Seo-gu, Seo-gu, Busan at around 21:14 on the same day, and caused the victim C (the 70-year-old age-) to die.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a traffic accident report, investigation report (in relation to the attachment of a death certificate), investigation report (in relation to the attachment of photographs on the scene of an accident), investigation report (in relation to the third apartment CCTV image on the world, which is convenient to a swimming river);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant is the primary offender, that the defendant's driver's vehicle is covered by the comprehensive motor vehicle insurance, that the defendant agreed smoothly with the victim's bereaved family members, and that the victim is also responsible for the cause of the accident (i.e., the vehicle without the victim was parked in the middle of the road which is not a regular parking space in the traffic accident immediately before the traffic accident in this case and the victim got off the victim by stopping on the road which is not a regular parking space, and the victim is driving the motor vehicle of the defendant at the location other than the crosswalk installed in the apartment complex.

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