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(영문) 서울서부지방법원 2017.01.19 2016고단3651
교통사고처리특례법위반
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

The Defendant is a person who is engaged in driving a rocketing car.

On October 18, 2016, the Defendant driving the above vehicle around 06:02, and driving the road of Yongsan-do in front of Yongsan-gu Seoul University Seoul University Hospital at the speed of about 48km per hour at a speed of about 48km per hour, from the Myeongwon-si Seoul University Hospital at the Dom of Yongsan-gu, Seoul.

In this case, a person engaged in driving of a motor vehicle has a duty of care to reduce the speed and to safely drive the front side and the right and the right of the motor vehicle in order to prevent the accident in advance.

Nevertheless, if the defendant neglected this and went through an intersection as it is, the defendant shocked the left side of the victim E (73 Do) who unclaimed the road from the right side of the vehicle driven by the defendant to the left side of the vehicle driven by the defendant, into the front part of the above vehicle, and the victim goes beyond the victim due to the shock, and the head of the victim faces side on the front part of the above vehicle.

Ultimately, on October 23, 2016, around 19:05 on October 23, 2016, the Defendant caused the death of traumad cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrals and cerebral cerebral cerebrals in the indictment at the Seoul National University Hospital located in Yongsan-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. The traffic accident analysis report of the Road Traffic Authority;

1. Application of Acts and subordinate statutes to death diagnosis reports 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 in the Selection of Punishment, Article 268 of the Criminal Act, the selection of fines (including the fact that the defendant recognized his/her mistake and repented, the first offender who has no record of crime, the degree of negligence of the defendant cannot be deemed to be serious, the victim is negligent in crossing without permission, the fact that the victim was negligent in crossing without permission, the fact that the victim agreed with his/her bereaved family members, and the fact that the motor vehicle comprehensive insurance is covered).

1. Attraction of a workhouse;

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