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(영문) 대전지방법원 천안지원 2020.04.08 2019고단3424
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of three 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 vehicles B for K3.

On September 23, 2019, at around 10:15, the Defendant proceeded at the speed of 51.84 km each hour from the northwest-gu Seoul Metropolitan Government to the distance of the post office in the jurisdiction of the Ministry of Labor, depending on one lane.

In such a case, there was a duty of care to prevent traffic accidents by emphasizing the front left and accurately operating the steering system and operating system for the driver of the motor vehicle.

The defendant did not discover the victim E (or, 68 years of age) who illegally crossed a road from the left side of the defendant's course by negligence while neglecting the front-si, and received the victim's body from the left side of the defendant's vehicle.

Ultimately, around 07:00 on October 12, 2019 by occupational negligence, the Defendant caused a victim who was receiving medical treatment at G University Hospital located in Yong-gu, Nam-gu, Chungcheongnam-gu, Seoul to die with her severe he/sheathropologous transfusion.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. I's self-statement;

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

1. A death certificate;

1. Application of the Acts and subordinate statutes to a field photograph of an accident, a photopictic photo, and a criminal investigation report (fix of a video record file);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant traffic accident on the ground of the sentencing of Article 334(1) of the Provisional Payment Order is the result of the death of the victim, the defendant recognized the crime, and the automobile operated by the defendant is covered by a comprehensive insurance. The defendant agreed with the bereaved family of the victim, and the victim committed the negligence of the victim while crossing the road without permission.

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