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(영문) 광주지방법원 순천지원 2018.12.14 2018고단1737

교통사고처리특례법위반(치사)등

Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a CF car.

On June 26, 2018, the Defendant, at the rate of 4:6:0,00, proceeded with the highest distance in front of this United Nations, from the side of the Sejong River, about 95 km to the highest panel of the countries at the speed of about 6:12.0.

There is a duty of care to prevent accidents in advance by checking the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right before entering the intersection.

Nevertheless, the Defendant neglected this and went through the middle industry from the left side of the Defendant's moving direction to the middle-standing company, the left side of the Defendant's moving direction by the negligence of exceeding 45 km speed, and received the front side of the Defendant's driving D (W, 25 years old).

Ultimately, the Defendant caused the said victim D’s occupational negligence to die with brain pressure, etc. at G hospital located in C at the net line F on June 28, 2018. In addition, the Defendant suffered injury to the victim H (V, 37 years of age) who is the passenger of the Defendant’s vehicle, for approximately four weeks of medical treatment, such as dives, etc., and damage to the victim I (V, 7 years of age), which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Investigation report (as to the speed of the fested passenger car)

1. A survey report on actual conditions;

1. EDR analysis response;

1. A death diagnosis certificate (D);

1. A medical certificate;

1. An accident scene photograph;

1. Application of the CDA-1 statute

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an employee on duty and a physician due to driving of a motor vehicle), Article 3(1) and the proviso to Article 3(2)3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an employee on duty and on duty due to driving of a motor vehicle) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;