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(영문) 수원지방법원 안양지원 2020.05.21 2020고단113
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle B.

On November 29, 2019, the Defendant came to turn to the left the front way of the Gu C apartment at the G apartment parking lot in the direction of go to the interest and interest.

Since there is a lot of passage of people, in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle has passed the direction of the defendant while driving the motor vehicle with a speed reduction and driving the motor vehicle, and to safely operate the brake and steering gear in a safe manner to prevent accidents by driving the motor vehicle in advance.

Nevertheless, due to negligence of neglecting this, the Defendant did not see the victim D (W, 58 years old) who was in front of the running direction of the Defendant, and did not go against the victim's left side part of the driver's seat of the said Defendant's driver's vehicle, and caused the victim to go beyond the front right of the driver's seat of the said Defendant's vehicle.

Accordingly, the defendant caused the victim to die by occupational negligence on November 29, 2019 at the F Hospital located in E in the Gu during the game that was sent back to the accident site around 22:05 on November 29, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A death certificate;

1. Agreements, etc. on automobile traffic accidents;

1. Application of the Acts and subordinate statutes governing the photograph of vehicles and field photographs, photo of the suspect vehicle booms, photoic images and caps, G sales CCTV images and capse photographs, and the body photographs of victims;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the primary criminal defendant and reflects the order of provisional payment.

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