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(영문) 서울남부지방법원 2016.06.02 2016고단860
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 22, 2016, the Defendant operated the 3rd vehicle in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, and made a turn to the left from the additional elementary school on the right side of the digital complex to the additional elementary school.

Since there is a left-hand turn in a non-protective area, the driver of the vehicle has a duty of care to live well on the right and the right and the right and the right and the right and the right and the safe operation of the steering and the system.

Nevertheless, the Defendant neglected to turn to the left and found the crosswalk to the left from the right side of the Defendant’s vehicle without permission to cross the crosswalk to the port from the right side of the Defendant’s vehicle (n, 87 years of age) and operated the crosswalk to avoid this. However, the Defendant did not avoid it, and did not go to the ground and got the above victim to go to the front of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence on the same day at around 13:46, in Guro-gu Seoul Metropolitan Government, Guro-gu Medical Center of Korea University, which is located in 148, from the hospital of the Medical Center of Korea, to the low-tension shock by the alley alley.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A death certificate;

1. A traffic accident report;

1. Application of photographs and CD-related Acts and subordinate statutes to cover booms and caps upon the occurrence of an accident;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is good, such as that the defendant killed the victim on the crosswalk, or that the defendant was a principal offender, that the vehicle operated by the defendant was covered by a comprehensive insurance policy, that the victim's unauthorized crossing also caused the instant traffic accident, and that the victim's bereaved family members paid 15 million won and agreed on it.

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