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(영문) 서울중앙지방법원 2017.10.30 2017고단6555
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On July 3, 2017, the Defendant: (a) was engaged in the driving of Mati Cargo Vehicles B; (b) driven the above cargo vehicles around 13:51 on July 3, 201; (c) driven the three-lane road in front of the Jongno-gu Seoul Metropolitan Government C Building along the one-lane road from the intersection to the intersection inside the intersection; and (d) was stopped in front of the crosswalk and stopped in front of the crosswalk.

In such cases, the driver has a duty of care to prevent the occurrence of an accident in advance after checking whether there is a pedestrian who has failed to walk the crosswalk in the pedestrian signal, and the safety of course in the pedestrian signal.

Nevertheless, as the Defendant neglected this and started without examining the front side and the left side after the signal was changed, the Defendant opened a road to the left side at the right side of the Defendant’s proceeding, and opened the road rhythm to the left side, and did not discover the victim D (the age of 82) who walked around the Defendant’s vehicle, and did not discover the victim’s body as the front part of the above vehicle, and went beyond the ground.

Ultimately, the Defendant caused the death of the victim to the hospital by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the de facto survey report, on-site photographs, photographs of the vehicles under consideration, 17, CCTV images, 18 CCTV records, postmortem records, and postmortem records;

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 was that the victim had entered the crosswalk at the time of the accident and had already changed to the driving signal at the time of the accident. Thus, the instant accident was without permission crossing or the victim without permission.

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