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(영문) 수원지방법원 2017.10.17 2017고단5315
교통사고처리특례법위반(치사)
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Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Criminal facts

The defendant is a person who is engaged in driving a car in the C SP area.

On July 3, 2017, the Defendant driven the above car at around 11:20, and proceeded two lanes of the upper-speed road of the upper-speed road, which is located in thewest line of the area of the Suwon city, from the scopic border to the scopic border line, at a speed of about 87 km from the scopic border line to the scopic border line.

Since the place is in the front of the entrance of the underground roadway and the speed of the restriction is not more than 70km per hour, the defendant engaged in driving of the motor vehicle had a duty of care to reduce speed and drive safely by checking well the right and the right of the front.

Nevertheless, the defendant neglected this and went beyond the floor by taking the head of the victim D(76) who illegally crossed the road in front of the underground roadway from the right side of the car driving direction of the defendant's vehicle to the left side of the road.

As a result, the Defendant caused the victim to die due to the above occupational negligence at the Aju University Hospital located in the Young-gu, Young-gu, Suwon-si, 11:51 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report, a corpse death certificate, and a comprehensive traffic accident analysis report;

1. Application of Acts and subordinate statutes on the screen of each relevant photograph, studio boomer and strawer screen;

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. Circumstances favorable to the defendant in sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

The fault of the victim without permission crossing the road in front of the entrance and exit of the underground roadway seems to be the major cause of the accident of this case.

The defendant is a bereaved family member of the victim.

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