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(영문) 서울서부지방법원 2020.06.11 2020고단726
교통사고처리특례법위반(치사)
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

The defendant is a person who is engaged in driving a B multilateral car.

Around 14:30 on February 7, 2020, the Defendant driven the above car, and led to turn to the left at an irregular speed from the Do apartment to the new-dong community service center in Eunpyeong-gu Seoul Metropolitan Government.

At this point, there is no distinction between India and the roadway, and there is a house and the passage of pedestrians is frequent, and in this case, there is a duty of care to prevent accidents in advance by reducing speed and accurately manipulating the steering direction and the brakes.

Nevertheless, the defendant neglected this and found the victim E (77 years of age) who walked to D apartment from the boundary of the new-dong community service center due to the negligence of left-hand turn to the left-hand turn, and had the victim go to the ground by being able to go to the front-hand part of the above car operated by the defendant.

Ultimately, around February 21, 2020, the Defendant caused the death of the victim by occupational negligence at G Hospital located in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul to cause the death by brain training paralysis.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of statutes to a copy 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 concerning criminal facts;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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