교통사고처리특례법위반(치사)
Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Punishment of the crime
On December 4, 2018, at around 04:35, the Defendant driven a Grand Cross, and proceeded at the speed of 60.6-6 to 62.5 km each hour by using the intersection in front of the “Dran shop” located in Daegu-gu Northern District C from the E market room to the crosssection.
In this case, the driver was engaged in driving duty to prevent accidents by driving 20% higher than the speed limit and driving 20% higher than the front, rear and left well.
Nevertheless, without neglecting this, the Defendant neglected to keep the front door properly, and had the victim F (the age of 69) who was crossing the road from the right side to the left side due to an excessive fault, go beyond the floor of the Defendant’s driving.
Ultimately, at around 05:20 on the same day, the Defendant caused the death of the victim from the emergency room of G Hospital by occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. The results of the analysis by the Road Traffic Authority and the “CCTV image” attached to each police investigation report;
1. Application of Acts and subordinate statutes of a death certificate;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of 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. Article 334(1) of the Criminal Procedure Act of the provisional payment order complies with the traffic signal of the defendant, but it was found that the victim's zone was placed in brooms where it is difficult to view it without permission. In light of the traffic experience rule, in this situation, it is small that it is difficult for the driver to find the victim from time to time, and the defendant paid a criminal agreement of KRW 15 million to the bereaved family separately from the comprehensive insurance money.