(영문) 서울중앙지방법원 2017.05.17 2017고단1456

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(영문) 서울중앙지방법원 2017.05.17 2017고단1456

교통사고처리특례법위반(치사)

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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 the driving of a water vehicle B and B.

On December 20, 2016, the Defendant driven an above cargo vehicle on December 20, 2016, and driven the three-lane road in front of the Jung-gu Seoul Special Metropolitan City C Building at a speed of about 40km in speed, depending on two-lanes, from the breadth to the breadth of the small and medium-gu road.

At the time, street light was set off due to new walls, and there were many places near subway exit and crosswalks, and thus, the driver of a motor vehicle had a duty of care to safely operate the motor vehicle by properly operating the steering direction and brakes in preparation for the case where the driver of a motor vehicle sponss the way.

Nevertheless, the defendant neglected the above duty of care and neglected the duty of care on the road, and found the victim D (75 years, n, n) who was crossing the road without permission on the right side from the left side of the flow direction of the cargo vehicle on the road, and operated it immediately to avoid this. However, the defendant did not avoid the cargo vehicle, and did not go beyond the victim's right side on the right side of the cargo vehicle of the defendant, and had the victim go beyond the ground.

Ultimately, the Defendant sent the victim to the Eunpyeong-gu Seoul EF hospital at around that time by occupational negligence and caused the death of the victim due to brain training paralysis, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement protocol concerning G in the police station;

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

1. Each investigation report (in relation to the investigation of prosecutor's direction-distance, No. 30), and (in relation to the speed analysis of suspect vehicles, No. 36 on a net time);

1. Responses to the analysis of traffic accidents (No. 35 once a year);

1. On the day of the accident, the first half of the month, and the first half of the day of the accident (No. 21);

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