(영문) 서울북부지방법원 2017.01.19 2016고단4793

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(영문) 서울북부지방법원 2017.01.19 2016고단4793

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives Category C cargo vehicles.

On September 23, 2016, the Defendant operated the above cargo vehicle around 13:06, and driven the front road in front of the Seoul Western-gu, Seoul, with one-lanes in the direction of the smart distance from the network, in the direction of the smart distance.

The driver of any motor vehicle has a duty of care to prevent accidents due to his/her failure to drive his/her motor vehicle while driving his/her motor vehicle well.

Nevertheless, by negligence that the defendant neglected the front city, he found the victim E (the 82-year old age) who spons the road on the left side from the direction of the progress of the defendant's vehicle at the time, and operated the road on the left side, but the vehicle was pushed off with the front part of the vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence due to the severe cerebral injury that was being treated in the emergency room of the two-year old hospital located in the 15:25 Simri-si on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

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 facts constituting an offense.

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

1. Taking into account the following circumstances: (a) the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order: (b) the defendant has only one criminal record of a fine in 1989 due to a crime committed against this type; (c) the vehicle driven by the defendant is covered by a comprehensive insurance; (d) the victim does not want the punishment of the defendant separately by mutual consent with the bereaved family members of the victim; and (e) the victim’s negligence

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