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(영문) 대구지방법원 의성지원 2020.03.12 2020고단21

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 the BP car.

On September 14, 2019, the Defendant driven the above car on September 11, 2019, and continued to run the local highway in front of the Gyeongsung-gun in front of the Gyeongsung-gun into a gold slope from the slope of the street.

Since there is a road in the vicinity of the road with authorization and orchard and there is a person walking along the front bank, the defendant, who is engaged in the driving duty of the motor vehicle, has a duty of care to prevent accidents by accurately manipulating the steering gear and the steering gear of the motor vehicle and accurately manipulating the steering gear.

Nevertheless, the Defendant was negligent in neglecting the duty at the front of the Defendant’s car, and the part of the victim D (the age of 80) who illegally crossed a road from the right-hand side to the left-hand side of the sea be considered as the front-hand part of the Defendant’s car.

Ultimately, the Defendant caused the victim to die at the F Hospital located in Ansan-si E at around 13:35 on the same day by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement concerning G;

1. A survey report on the actual condition of a traffic accident, a report on the occurrence of an accident, a site photograph of an accident, and an investigation report (with respect to the speed of vehicles driven by a suspect, by attaching photographs and images of an accident site and

1. Application of death diagnosis certificates and Acts and subordinate statutes governing dives and photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive, means and consequence of the crime, etc., under the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case

The favorable circumstances: The defendant recognizes his mistake and repents, and the Libers are covered by the comprehensive motor vehicle insurance, and the victim.