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(영문) 수원지방법원 2018.06.14 2018고단1687
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

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

On January 24, 2018, the Defendant proceeded about 84.6 km in the direction of the mountain distance from the lower side of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the Republic of Korea on January 24, 2018.

At that time, the speed limit is 60 km per hour, and it was difficult to secure the view at night, and the victim G (76 Do) was crossing the crosswalk without permission from the left side of the Defendant’s direction on the right side, and thus, the Defendant engaged in driving service has a duty of care to observe the speed limit and to prevent the accident in advance by driving the vehicle safely by safe driving the vehicle.

Nevertheless, the defendant neglected this and went beyond the floor due to the negligence of the defendant's driving. The defendant received the victim as the X-ray car from the defendant's driving and went beyond the floor.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, i.e., the heart fever from the seat.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident inspection report, the scene of the accident, and photographs of the accident vehicle;

1. A CCTV-cape CDs;

1. Transmission of traffic accident analysis reports by the Road Traffic Authority and investigation reports (verification of restricted places and speeds of traffic accidents);

1. A report on the occurrence of a traffic accident or a report on internal investigation (a summary of statements made by a victim and a future investigation plan);

1. A corpse inspection report and a autopsy report [Judgment on the defense counsel's assertion];

1. The gist of the claim lies in crossing without permission when the signal of the crosswalk is red. The defendant, the driver of the vehicle, who is the driver of the vehicle, is bound to trust that the pedestrian will not walk in the crosswalk while the signal of the crosswalk is red, and the defendant is not obliged to perform his/her duty of care as well as his/her duty of care as he/she is anticipated to predict the situation where the signal of the crosswalk is not cut off. The defendant's error is that the defendant proceeded in excess of the speed limit.

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