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(영문) 광주지방법원 순천지원 2018.05.31 2018고단203

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a CF car.

On November 8, 2017, the Defendant driving the above vehicle at around 18:55, and driving the vehicle at around 18:00 to 63.0 to 65.4 km each hour on the two-lane roads in front of the E cafeteria in the net City D.

At the same time, the driver of the vehicle has a duty of care to accurately manipulate the front side 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 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

Nevertheless, the Defendant neglected to do so and did not discover the victim F, who crosses the road to port from the right side of the running direction of the Defendant’s driving vehicle (on the other hand, 65 years old), and received the part of the victim’s bridge with the top side of the left side of the Defendant’s driving vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence in the H hospital located in the 20:05 Simcheon-si G around the same day due to the injury of two traumas.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition (1) and (2);

1. A death certificate;

1. Application of each statute on 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;

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 is that the Defendant caused a traffic accident while driving in violation of the speed limit and resulting in the death of the victim. As such, the Defendant requires a corresponding punishment against the Defendant.

However, the instant traffic accident is a traffic accident without permission on the road of the third-party lane in the time zone to which the victim left.