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(영문) 대구지방법원 2015.07.16 2015고단2336

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurd-Wurt Motor Vehicle.

On March 6, 2015, the defendant operated the above car at around 19:20, and made a left turn to the left at a speed of about 20 km at the speed of 10 km from the surface of the water-related residents playground in the D apartment room.

At that time, there was a duty of care to prevent accidents by accurately manipulating the steering gear and operating the steering gear prior to the non-protection line, since the vehicle driver was at night, and there was no traffic congestion signal, and thus, the driver was engaged in driving business.

Nevertheless, the Defendant neglected to do so and took part in the part of the victim F (78 years of age)’s bridge that crosses the road from Empt to Empt without permission from Emptr to Empt, resulting in the death of the victim due to the removal of the cryp in the H Hospital located in Empt G in Gyeong-si, Chungcheongnam-si, North America, on March 27, 2015, at around 16:20, by taking advantage of the part of the cryp.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. A statement and a actual investigation report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of a death certificate;

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 of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the defendant caused the serious result of the victim's death due to the instant accident, and thus, the liability for such crime shall not be mitigated.

However, the fact that the defendant is seriously against the defendant, the first offender, the victim's unauthorized crossing has caused the accident of this case, the defendant has taken relief measures against the victim immediately after the accident, and the victim's bereaved family and the victim's bereaved family.