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(영문) 대구지방법원 2014.11.06 2014고단3730

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

Around 02:15 on April 28, 2014, the Defendant driven a CK5 car and continued to drive the road near the Gyeongbuk-gu North Korean University, Daegu, into the northwest-do bank of the Gyeongbuk-do. In such a case, the Defendant: (a) discovered the victim D (the 52 years old), walking along the crosswalk due to occupational negligence, and delayed detection of the victim’s bridge side beyond the front part of the Defendant’s car; and (b) caused the death of the victim by the death of the 25:53 chest, etc. on the day when he was receiving an emergency treatment in the F Hospital located in the Dong-gu, Daegu-gu, by taking into account the speed of the driver; and (c) there was a crosswalk in which the yellow flash-out signal, etc. is operated; and (d) there was a duty of care to check the safety of the course and drive the crosswalk; and (d) there was no person walking the crosswalk;

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Photographs photographs of police officers of a terrestrial security guards (per 22 copies);

1. A death certificate;

1. Application of Acts and subordinate statutes to the investigation report;

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 and 69 (2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on September 3, 2013, the Defendant caused the instant traffic accident during the period of repeated crime by completing the execution of punishment, such as a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) on September 3, 2013, and the victim died. The Defendant’s liability for the crime is not easy.

However, the defendant's repeated crime is not the same kind of crime as the crime of this case, the defendant has agreed smoothly with his bereaved family, and the defendant is a new tending family.