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(영문) 대구지방법원 서부지원 2019.06.26 2018고단3463

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 BM3 car.

On July 26, 2017, the Defendant driven the said car as his duties on July 12:20, and led the Defendant to turn to the left at a speed of about 10km per hour from the seat of a golf course to the seat of Sung-Eup located in the Dan-gun, Sung-gun.

The location is a three-distance from which the view is not well secured, and in this case, there was a duty of care to safely operate the driver by accurately manipulating the front door and the left door and the left door and the right and the right of the driver.

Nevertheless, the Defendant neglected to do so and did not look at the left side of the Defendant’s vehicle and did not turn to the left, and by negligence, was driven by the victim FF (the age of 69) who driven from the left side of the Defendant’s vehicle to the front side.

Ultimately, around October 22, 2017, around 07:54, the Defendant caused the victim to die due to cerebral mathy in the Gldong-gu Incheon Northern University Hospital located in 807, Daegu Northern-gu, Daegu, Daegu, to death.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. The police statement of H;

1. A survey report on each actual condition and a autopsy and appraisal report;

1. A medical certificate or death certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

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 on the ground of sentencing of Article 334(1) of the Criminal Procedure Act on the instant traffic accident, which resulted in a serious consequence that the victim's death, requires strict punishment against the Defendant, but the Defendant is the primary offender, and the fact of the crime is recognized and divided, and the victim is in the occurrence of the instant traffic accident, such as driving without a driver's license.