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(영문) 수원지방법원 평택지원 2017.04.27 2016고단2532
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of five 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 new car B, sod XD car.

On September 30, 2016, the Defendant came to turn to the right from the right angle to the right distance from the right angle of the tin-si at the time of the border of Ansan-si on September 10, 2016 and proceeded to the right speed.

Since there are many places in the vicinity of a private street crossing, there was a duty of care to prevent accidents in advance by driving a person engaged in driving of a motor vehicle with a duty of care by keeping the front door and the left and right well and safely driving the motor vehicle.

Nevertheless, the defendant neglected this and got the victim to go beyond the floor by taking the body side of the victim C(74) who was moving to the left side from the right side of the defendant's running direction by negligence.

Ultimately, the Defendant caused the victim to die by occupational negligence on September 30, 2016, at the Ansan-si market-ro market-58, the Defendant caused the death of the victim from the marsung Hospital’s middle-patient’s clinic during the after-patient treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A fact-finding survey report and a traffic accident occurrence report;

1. Application of Acts and subordinate statutes concerning postmortem records;

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 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 result of the death of the victim due to the instant traffic accident, except that there are circumstances that may be considered in the background of the accident, and that the defendant agreed with the bereaved family of the victim. - The defendant has no record of criminal punishment.

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