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(영문) 전주지방법원 2017.05.02 2017고단83
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 10 million.

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 low-priced car.

On December 14, 2016, the Defendant driven the said car at around 18:28, and proceeded with a road of about 40 km from the Hosung-gun to the Haak-gun, Taedong-gun, Chungcheongnam-gu, Seoul Special Metropolitan City, with a prudent 6-lane, in front of the Hodong church.

At the time, the surrounding areas were set up at night, and at the front of the bus stops at the bus stops, there are pedestrians who walk to the church from the side of the stop to the intersection. As such, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle while driving the motor vehicle well and safely and prevent the accident in advance.

Nevertheless, when the defendant neglected to do so and did not look at the front side of the vehicle, he was found to be late after the victim E (I, 23 years old) who was a road left on the left side from the right side of the defendant's running direction, and received the victim from the front part of the above vehicle's driving line.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on the 16th day of the same month at the former North Korean University Hospital, which was located in the 20th day of the Jeonjin-gu Seoul Special Metropolitan City on the 16th day of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a death certificate;

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 circumstances and results of the instant accident, including the following: (a) agreement is reached between the victim and the reason for sentencing under Article 334(1) of the Criminal Procedure Act; and (b) the vehicles are covered by comprehensive insurance; (c) the Defendant does not have any previous criminal record; and (d) the road without signal, etc. is cut to a place other than the crosswalk; and (e) the instant accident occurred.

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