(영문) 수원지방법원 안양지원 2017.12.12 2017고단1835

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자간(%)

(영문) 수원지방법원 안양지원 2017.12.12 2017고단1835

교통사고처리특례법위반(치사)

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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 engaging in driving of a private taxi in C.

On September 2, 2017, the Defendant driven the above taxi on September 2, 2017, and tried to proceed about about 60 km in Si speed from the south Military Fire Station to the Namcheon Hospital, which is located in Gosan-ro in Si of Gunposi.

At the time, there was a crosswalk at which signal lights were installed, so it was confirmed whether a person engaged in driving a motor vehicle has a duty of care to reduce the speed of the motor vehicle and to see it well, and to accurately manipulate the steering gear and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant failed to discover the victim D (32) who illegally crosses the crosswalk on the right side in violation of pedestrian signal due to the negligence of neglecting this, and did not discover the victim D (32) who illegally crosses the crosswalk on the right side, and had the victim go beyond the ground by obtaining the body of the victim from the fronter of the taxi.

Ultimately, the Defendant by occupational negligence caused the death of the victim, such as brain liver in the Ganyang-ro, 170-ro 170-ro from the Ganyang-si, where he was under treatment after around 10:58 on September 2, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act – Reasons for sentencing in favor of the defendant under Article 334(1) of the Act: The fact that the defendant has recognized his/her mistake, that the victim has agreed with his/her bereaved family members, that the victim was negligent for the victim due to an accident that occurred in the course of crossing the crosswalk without permission in contravention of the signal - that unfavorable circumstances have resulted from an uncom

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