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(영문) 의정부지방법원 2018.11.14 2018고단3681
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 a car in Cnro.

On June 10, 2018, the Defendant driven the above car at around 00:04, and driven the two-lane road at the front of the E Do in Dongbcheon-si D, at the speed of about 65km from the parallel distance to the intersection of the mountain.

At the time, the front door door of the road was passed due to the night, and there was a crosswalk installed at the front door of the road at a speed of 60 km, so in such a case, the driver of the vehicle has a duty of care to reduce the speed and accurately manipulate the steering direction and brakes to prevent accidents in advance by accurately manipulating the steering direction and brakes by reducing the speed.

Nevertheless, the Defendant neglected this and neglected his duty to take the front direction, and found the victim F (62) who cross the crosswalk on the right side of the crosswalk from the left side of the road due to the negligence of driving the speed exceeding 5 km speed by the Defendant’s negligence, which led the victim to go beyond the floor by obtaining the victim from the front part of the Defendant’s driver’s car.

Ultimately, the Defendant caused the victim’s death by occupational negligence as above, from the H hospital located in Gu-si G around 05:48 of the same day at the Government-si around the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A traffic accident report;

1. A report on internal investigation (as to the confirmation of circumstances leading to an accident)

1. A death certificate;

1. Application of Acts and subordinate statutes, such as field photographs;

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 of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the victim dies due to the instant traffic accident.

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