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(영문) 전주지방법원 2017.11.28 2017고단1584
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 a C-A-hurd motor vehicle.

On June 1, 2017, the Defendant driven the above car at around 17:05, and entered the front road D in Seojin-gu Seoul Special Metropolitan City into the right-hand lane installed at the right-hand left-hand side while driving along one lane among the three-lanes of Jinbuk-gu square in sand market inside the sand market. There was a safety zone the entry of which is prohibited on the left-hand side of the first lane.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by properly operating the traffic laws and regulations, and by accurately operating the steering gear, steering gear, and brakes.

Nevertheless, the Defendant, without fulfilling such duty of care, entered the lane to the left-hand turn through the safety zone where no entry is permitted before the left-hand turn arrives at the place where the left-hand turn is installed, and neglected to enter the front-hand city and found at the latest the victim F ( South, 50 years old) who was crossing the said road, due to the negligence of finding the victim F (the remaining, 50 years old) who was at the right time after the said vehicle, received the victim from the victim and suffered an external cerebral cerebrs, and caused the victim to death in the previous North Korean Hospital around 20:36 of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Notification of results of traffic accident analysis;

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 following circumstances are considered: (a) agreement is reached with the injured party on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the vehicles are covered by comprehensive insurance; (c) there is no criminal record against the accused; (d) the injured party was negligent in crossing the road without permission due to the vehicle fixed between the injured parties; and (e) details and result of the instant accident; and (e) the Defendant’s age, occupation, living environment, etc.

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