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(영문) 대전지방법원 천안지원 2020.04.22 2020고정102
교통사고처리특례법위반(치사)
Text

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 driving a B-Wood vehicle.

On August 20, 2019, around 12:45, the Defendant driven at a speed of 54km/h, depending on two-lanes from the actual rooftop distance room to the view view distance.

At the time, there was no other vehicle driving the above road at a low time, and there was no particular obstacle to securing the view of the front side of the road, which was installed on the front side of the road, but both sides of the road, the bus stops are installed along the bus stops, and it was anticipated that there was people who want to cross the road without using the road due to an apartment complex, etc. in the vicinity of the road, and at the time, the defendant found that the victim D (n, 84 years old) was able to cross the road without permission on the left side from the Defendant's right side in the direction of the road. In such a case, the driver of the vehicle has a duty of care to ensure that pedestrians can safely cross the road, such as making pedestrians look well at the situation of pedestrians and stop immediately by accurately operating the steering and brake system, so that pedestrians can safely cross the road.

The Defendant neglected this at a speed to reduce or stop, and instead changed the vehicle line into a one-lane, and took part of the victim's left side, which was trying to cross a one-lane, into the right side of the Defendant's vehicle, and had the victim go beyond the ground due to its shock.

Ultimately, at around 04:01 on September 3, 2019, the Defendant caused the victim’s death by occupational negligence to the brupted part of the f hospital located in Asan-si E, due to the bruptive surgery during treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

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

1. A death certificate;

1. Application of statutes on site photographs;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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