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(영문) 대전지방법원 천안지원 2017.10.19 2017고단1665

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant shall drive a motor vehicle frequently or frequently.

On December 9, 2016, at around 16:15, the Defendant proceeded with a two-lane road near the intersection by one intersection in the one-way intersection from the opposite intersection to the one-way intersection in the one-way intersection.

In such cases, the driver of a motor vehicle has a duty of care to safely avoid a motor vehicle when entering the motor vehicle by changing the motor vehicle line with the front side and the left side.

Nevertheless, the Defendant neglected this and did not see or avoid the victim C ( South, 56 years old) driving two-wheeled vehicles (unregistered diaba), which changed the vehicle from the two lanes to the one lane. Thus, the Defendant was shocked by the left side of the victim driving two-wheeled vehicles in front of the right side of the two-wheeled vehicle.

The victim of this accident was killed due to an injury, such as an exposure to an external wound, which is beyond the road along with the Oralba, and has not been affected by an open two wound.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. The scene of the accident, the vehicles under consideration, and front and rear photographs, etc.;

1. A death diagnosis certificate or a photograph of a dead person;

1. Application of Acts and subordinate statutes on traffic accident analysis and replies;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act concerning facts constituting an offense.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are heavy as a result of the victim’s death, the victim’s death was determined by a fine and the amount of fine was determined in consideration of the following circumstances.

(1) The degree of negligence of a defendant is weak.

Attached Form

As shown in the intensity of traffic accident report (on the actual survey report), the defendant maintained the first lane that he driven, and the victim's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's

The degree of negligence in relation to an accident.