logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.04.05 2017고단4013
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine not exceeding nine million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle with Crar EW.

On October 17, 2017, the Defendant driven the above car on October 17, 2017, and turned ahead of the Seosan-ro 128 Myeong-ro, Mapo-gu, Seoul Metropolitan Government, into the 2nd intersection of Sungsan-do, the front of the 128 Mupo-ro, Sungsan-do, one-lane between the two-lanes of Sungsan-do and the two-lanes of Sasan-do.

At the time, it is night, and there is a road 60 km speed at a speed limit, so there was a duty of care to prevent accidents in advance by thoroughly performing the duty of care for the driver of the motor vehicle and complying with the regulatory speed.

Nevertheless, when the Defendant negligently driven a speed of approximately 30 km per hour exceeding 90 km per hour, the Defendant got the victim D (the age of 46) who unauthorizedly crossed the road from the left side of the running direction of the Defendant, to the right side of the Defendant’s front side of the vehicle, and caused the victim to leave the road to the public.

As a result, the Defendant suffered from an external wound from the victim due to the foregoing occupational negligence, thereby resulting in the death at the school of the next generation on October 27, 2017 and at the university Synish Hospital Synish University Synish University Synish Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. On-site photographs (1);

1. A death certificate;

1. Application of the statutes on traffic accident analysis;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant subscribed to a comprehensive motor vehicle insurance policy, and the victim’s bereaved family members do not wish to punish the Defendant separately from the victim’s bereaved family members. The victim without permission appears to be negligent in the occurrence of the instant traffic accident even to the victim without permission at night, and the same kind of traffic accident.

arrow