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(영문) 광주지방법원 2017.07.13 2017고단2087

교통사고처리특례법위반(치사)

Text

The sentence against the accused shall be 8,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On January 18, 2017, the Defendant driven the above car at around 07:00, while driving the car at around 07:0, the Defendant driven the two lanes in front of the D in Young-gun C, Nam-gun, and the Defendant driven from the direction of Young-gu to the red farming Eup by the speed of two lanes.

At the time, there was a crosswalk where signal lights are installed at the front of the night, and there was a duty of care to safely drive the steering gear and brakes by accurately operating the steering gear and brakes by reducing the speed of the person engaging in driving a motor vehicle and properly operating them by looking at the front of the road, because there was a crosswalk where signal lights are installed at the front of the night.

Nevertheless, the defendant neglected to do so and neglected to perform his duty at the front of the week, and did not find out the victim E who crossed the road according to the marina due to the negligence that led to the failure of the defendant to perform his duty at the front of the passenger car of the defendant and received the victim in front of the passenger car.

Ultimately, the Defendant caused the victim's death by occupational negligence in an emergency room of the Young-gune Cable Hospital located in the Young-gune Small and Medium-gun, which had been under transmission treatment on the same day after around 08:20 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A H statement;

1. A traffic accident report;

1. A traffic accident analysis report;

1. A copy of a death certificate;

1. Protocol of inspection;

1. Application of Acts and subordinate statutes, such as field photographs and photographs of traffic accidents;

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. In full view of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the punishment is ordered as ordered by comprehensively taking into account all the sentencing conditions indicated in the instant case, such as the following circumstances and the Defendant’s age, sexual conduct, environment, the background and result of the instant crime, and the circumstances after the instant crime.