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(영문) 서울중앙지방법원 2020.11.19 2020고단6510
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of eight 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 B-celltop car.

On March 28, 2020, the Defendant driven the above car at around 15:50 on March 28, 2020, while proceeding three lanes from the four-lane road in front of Gangnam-gu Seoul Metropolitan City to the shooting distance range in the elective apartment shooting range in the front direction.

At that time, the signal was installed, and the yellow turn on the defendant's moving direction, so the person engaged in driving of a motor vehicle has a duty of care to reduce the speed in preparation for the red lights, to accurately operate the steering gear and brake system, and to stop before entering the intersection, to prevent the traffic accident by stopping it before entering the intersection.

Nevertheless, even though the vehicle signal prior to the entry into the intersection has already been fluored off by neglecting the signal, the Defendant, while leaving the intersection in violation of the signal, violated the stop signal at the direction of the defendant's running, and went to the left by the victim D (the age of 48) who violated the stop signal at the direction of the defendant's running, and went to the left by entering the intersection, operated the steering gear rapidly to avoid a conflict with the above vehicle, and led to the road, and part of the head of the victim was directed to the rear wheels of the driver's seat of the above vehicle.

At around 16:35 of the same day, the Defendant caused the victim's death by occupational negligence, at G hospitals located in Gangnam-gu Seoul Metropolitan Government F, due to cerebral cerebral cerebral cerebral cerebral cerebralop

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement H and I of the police's statement statement of each police officer's statement, a copy of the investigation report on the corpse and a certificate of traffic accident boxes, CCTV investigation report (recording of the intention and statement) and investigation report (the response of the results of analysis by the Road Traffic Authority);

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Criminal Act;

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