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(영문) 수원지방법원 안산지원 2018.08.28 2018고단1576
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 5, 2018, the Defendant, who is engaged in driving of D and 3 cargo vehicles, was driving three lanes in front of the 16 Blue Civil Sports Center at the front of the 16 Blue-ro at the time of light lighting around 15:37, along the three-lanes in the direction of the luminous post office in the direction of the luminous distance from the steel mountain basin.

In such cases, a driver of a motor vehicle has a duty of care to take into account the traffic situation well and to prevent accidents in advance by driving safely according to the new code.

Nevertheless, the Defendant neglected to do so and did not discover the victim E (96) who was putting a bicycle on a pedestrian signal signal signal signal sign or a crosswalk in violation of the signal, and did not receive a part to the right side of the vehicle and caused the death at the F Hospital around 17:35 on February 6, 2018.

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 survey report on actual conditions;

1. A death diagnosis report and an autopsy appraisal report;

1. Application of laws and subordinate statutes to bus booms video (ROMs);

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 on the Aggravated Punishment of Provisional Payment Order is that the defendant, in violation of the signal at the intersection and caused the death of the injured party while driving a motor vehicle, and the crime is not good in light of the circumstances and result of the crime;

However, in comprehensive consideration of the following: (a) the Defendant agreed with the bereaved family members; (b) the victim’s bereaved family members want to have the Defendant’s wife; and (c) the victim’s fault crossinging the crosswalk in violation of the signal signal in violation of the signal signal; (d) the mother and her wife; (e) the Defendant lives in support of her mother and her wife; and (e) the Defendant shows an attitude against the wrongness in the court

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