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(영문) 수원지방법원 안양지원 2019.05.31 2019고단70
교통사고처리특례법위반(치사)
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Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On October 24, 2018, at around 11:30 on October 24, 2018, the Defendant driven a low-speed car B, and made the left turn to the left at the seat of “E convenience store” from the underground street of the same way as “D” located in Bupyeong-gu Incheon Metropolitan City.

Since there are places where a crosswalk is installed in the front side of the right-hand turn to enter, in such a case, there was a duty of care to temporarily stop in front of the crosswalk (at the place where the stop line is installed, referring to the stop line) so as not to obstruct the crossing of the pedestrian when a person engaged in driving a motor vehicle passes the crosswalk.

Nevertheless, the Defendant neglected to stop it in front of the crosswalk and did not temporarily stop in front of the crosswalk and got the victim F, who crossed the crosswalk from the right side of the proceeding direction to the left side of the crosswalk to the left side of the above car (the age of 61) to go beyond the ground.

Ultimately, the Defendant caused the victim to die from the “H hospital” middle-patient G located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, which was under the follow-up treatment at around 07:40 on November 2, 2018 due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police officer to I;

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

1. Accident vehicles and on-site photographs;

1. Photographs of the dead body of a dead body;

1. A death certificate;

1. Application of Acts and subordinate statutes concerning postmortem records;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing the sentencing of Article 334(1) of the Criminal Procedure Act, which led to a serious consequence of the death of the victim by shocking the victim walking along the crosswalk.

Although the defendant is disputing the causal relationship between the traffic accident and the death of this case, it is depthed.

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