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(영문) 대전지방법원 천안지원 2017.10.12 2017고단1990

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of five 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 of a car in B SP area.

On June 15, 2017, around 02:38, the Defendant driven the same four-lane way in the front of the D having four-lanes in Seo-gu, Chungcheongnam-gu, Seocheon-gu, Seocheon-gu, and proceeded from the Chungcheong Hospital to the one-lane one-lane one-lane one-lane one-lane one.

At the time, since the time is a new wall time, there was a duty of care to prevent accidents in advance by emphasizing the front door and accurately manipulating steering devices and brakes.

Nevertheless, due to the negligence of neglecting this, the Defendant did not avoid the victim E ( South, 36 years old) crossing the road at the front of the course of marina course, and did not go beyond the road by shocking the damaged part of the front part of the said car.

Ultimately, the Defendant shocked the victim due to the foregoing occupational negligence, resulting in the death of the victim, due to the bruptive blood transfusion, which had been opened at a university hospital in the South-dong-dong, South-dong, Dong-gu, 201, on June 15, 2017 at around 05:42.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. A survey report on actual conditions;

1. A photograph of the scene of an accident or a photograph of CCTV on the water in front of the scene of the accident;

1. A death certificate;

1. Application of the statutes on traffic accident analysis;

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 recognized and reflected in the crime of sentencing of Article 334(1) of the Criminal Procedure Act, the victim is under the influence of alcohol during the new wall time, and the victim is also at fault in the accident of this case, and the victim is also crossing without permission using one lane among four laness, and there is gross negligence in the occurrence of the accident of this case, the victim's bereaved family members are subscribed to a comprehensive insurance, and the defendant