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(영문) 서울남부지방법원 2017.07.13 2017고단1510
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a D Carren van.

On January 4, 2017, the Defendant driven the above vans around 18:10, and stopped at the entrance of the first floor parking lot in Yangcheon-gu Seoul Metropolitan Government E, and requested the victim F (52 tax) to park the front door on behalf of the Defendant.

In such cases, there was a duty of care to prevent accidents by driving a person engaged in driving a motor vehicle by accurately manipulating the steering direction, brakes, etc. of the motor vehicle and safely driving the motor vehicle.

Nevertheless, while requesting the parking of the victim, the defendant, while making a request for parking, caused damage to the victim by the negligent string of the driver's seat that was opened by taking a speed other than the brac pedal, instead of the brac pedal pedal.

Ultimately, around January 17, 2017, at around 16:43, the Defendant caused the death of the victim who was receiving medical treatment at the Egrative hospital located in Yangcheon-gu Seoul, Yangcheon-gu, Yangcheon-gu, Seoul, due to the foregoing occupational negligence by reason of brain transfer, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A fact-finding survey report and a traffic accident occurrence report;

1. Accident video CDs;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the victim found a real estate intermediary operated by the victim for the reason of sentencing of the order of provisional payment, and the victim placed the flag on the flacedd, upon the victim's request for parking, and the victim committed a flacing-free flacing on the next flaced flacing instead of the blac peds (the 18th page of the investigation record), and the fact that the victim lost his life that cannot be altered, etc. is disadvantageous to the defendant.

However, the defendant.

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