(영문) 전주지방법원 2021.03.10 2020고단2143

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2021.03.10 2020고단2143

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 BD car.

On August 17, 2020, the Defendant driven the above car at around 18:35 on August 17, 2020, and continued to run one lane from the front line of D, which is located in Seojin-gu Seoul at Jeonjin-gu, Jeonjin-gu, Seoul, to the front line.

It is a place where signal lights and crosswalks are installed, and there are many pedestrians crossing the road, so the driver of the vehicle has a duty of care to look well at the right and the right and the right and the right and the right and the right and duty of care to accurately operate and drive the brakes.

Nevertheless, the Defendant neglected to do so and driven the road on the right side of the front side and by negligence, led the victim E (the age of 51) who crosss the road to the port from the right side of the Defendant’s running direction to the port.

Ultimately, around August 17, 2020, the Defendant caused the victim to die due to the damage of multiple trauma disorder at the former North Korean University Hospital, which was located in 20, Seojin-gu Seoul Special Metropolitan City on August 17, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F;

1. A traffic accident report report, a survey report on the actual condition, photographs of witnesses, black images of witness vehicles;

1. Application of Acts and subordinate statutes to death certificates;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. The sentence of a fine shall be imposed in consideration of the following factors: (a) the victim with reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act attracting the workhouses also has a substantial negligence in the occurrence of a traffic accident; (b) the agreement with the victim’s bereaved family members; (c) the purchase of a motor vehicle comprehensive insurance; (d) the purchase of a motor vehicle; and

참조조문

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