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(영문) 서울북부지방법원 2018.02.08 2017고단5728
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of seven 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 dump truck.

On October 30, 2017, around 11:25, the Defendant continued to drive at an aesthetic speed at a one-lane level, one-lane from the blue forest of the blue zone in the northwest-gu Seoul, Gangnam-gu, Seoul.

At the same time, there was a lot of traffic of people, and the bus was stopped at the front of the defendant's moving direction, and thus, the driver of the motor vehicle had a duty of care to prevent the accident by driving the motor vehicle safely by viewing the front door and the left door well and the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and went to the left side of the road where the Defendant got out of the course of the course of the course of the course of the course of the course of the course of the collision with the victim D (W, 76 years old) who was under way to the left side by the driver in front of the vehicle on which the Defendant was driving, and served with the front wheels of the left side.

Ultimately, the Defendant caused the victim’s death by occupational negligence as a result of damage to the open lecture at the site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual condition, on-site photograph, vehicle photograph of the accident, body inspection report, autopsy report, on-site investigation report;

1. Application of Acts and subordinate statutes on investigation reports;

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

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the victim’s provisional payment order resulted in a serious consequence of the victim’s death of the instant accident. However, the Defendant recognized the facts constituting the instant crime and reflects the mistake, and the victim’s unauthorized crossing appears to have an impact on the occurrence of the instant accident, and the victim’s bereaved family members agree with the victim’s bereaved family members.

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