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(영문) 제주지방법원 2017.07.14 2017고단1103

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 10 million.

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 CM3 car.

On February 19, 2017, the Defendant driven the above car at around 19:50 on February 19, 2017, and 200 meters away from the east of the city of Han-gu to the east of the city of Han-gu to the intersection of the name of the Dong to the east of the east 60-70km away from the east of the east of the city of Han-gu to the east of the east of the east to the intersection of the name of the Dong.

At night, it was difficult to secure the view of the vehicle without street lights in the vicinity. In such a case, there was a duty of care to look at 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 duty of care to prevent the accident by accurately

However, the Defendant was negligent in neglecting his duty at the front of the passenger vehicle, and the back part of the victim D(84) driving in the front of the Defendant’s car, which was driven by the Defendant’s vehicle at the front of the passenger vehicle, was taken as the front part of the Defendant’s car, and caused the victim to die due to the damage of the heavy confluence at the front of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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 (the following favorable circumstances):

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, which caused a traffic accident as a result of the Defendant’s neglecting his/her duty of care as a driver of a motor vehicle, and the victim’s death and resulting in the most serious result in the so-called traffic crime, is an unfavorable circumstance without doubt.

However, the defendant is recognized as committing a crime and is against the victim's family, and the bereaved family has agreed with the victim's bereaved family, and the bereaved family does not want the punishment (after the conclusion of the pleading, the bereaved family of the victim and his family have taken the attitude of seeking a letter of