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(영문) 수원지방법원 평택지원 2018.02.01 2017고단1925
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of seven 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 CK5 cars.

On August 8, 2017, the Defendant proceeded along the intersection in front of the E convenience point in Pyeongtaek-si D from the elementary school of the dispatching day to the movable apartment.

There is a duty of care to temporarily stop the front side and the right and the right and the right and the right and the right and the right and the right of the operation of the motor vehicle to prevent the accident in advance by accurately manipulating the steering and the operation of the steering system before entering the intersection.

Nevertheless, by the negligence of entering the intersection as it is, the Defendant did not avoid the GObaba in the victim F (82 tax) drive, which was directed to the right side from the left side of the running direction of the said car, and received the above Obaba on the front side of the said car.

Ultimately, the Defendant caused the death of the victim due to the cerebral macy, etc. while receiving treatment around 09:55 on August 17, 2017 by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes, such as a survey report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, an accident site photograph, a screen of the vehicles under investigation, a report on investigation, and a death diagnosis report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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, however, that the incomplete wearing of fitnesss and old age of the victim seems to have influenced the death of the victim, and the defendant has agreed with the bereaved family of the victim.

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