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(영문) 인천지방법원 2016.10.05 2016고단4717
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 9,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a D-Wood vehicle.

On April 17, 2016, the Defendant driven the above car on April 17, 2016, and proceeded from the south-gu Incheon Metropolitan City white-ro road to about 55 km from the long distance of investigation to the long distance of view.

At the time, it is night time, and the transition of the front door, so there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving of a motor vehicle with the front door while safe driving of the front door.

Nevertheless, the defendant neglected to perform his duty of care and neglected to do so, the victim E (the age of 57) who crosses the road to the right side on the left side of the bend.

As a result, the Defendant caused the death of the victim by occupational negligence at the Acheon-ro Hospital located in 774-gil 21, Namdong-dong, Namdong-gu, Incheon, where the victim was under the follow-up treatment on June 14, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the actual survey report, accident site and vehicle photograph, and traffic accident analysis;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the victim’s death causes irreparable damage, or that the defendant is the primary offender, that the defendant is covered by a comprehensive insurance, that the victim’s bereaved family members agree with the bereaved family members. In the occurrence of the traffic accident in this case, the victim’s fault crossinging the road without permission is considerably competing with the victim’s fault, taking into account the victim’s speed of proceeding and the obstruction of view by light of light of the opposing vehicle, etc.

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