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(영문) 창원지방법원 2017.04.26 2017고단554

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a car at the horse at B.

On December 28, 2016, the Defendant driven the above car at around 05:55 on December 28, 2016, and proceeded one way in front of D, which is located in Kimhae-si C, to the intersection of the front of D, which is located in Kimhae-si.

At the time, the Defendant had a duty of care to prevent accidents due to due care in traffic conditions, such as other vehicles entering the intersection, and thus, the Defendant had a duty of care to prevent accidents.

However, the Defendant neglected this and led the victim to the right side from the left side of the passenger vehicle driving direction of the victim E(54 tax) driving on the right side of the victim E(54 tax) due to the negligence of the Defendant’s negligence, which led the victim to the right side part of the victim’s car driving.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence in light of 07:15 on the same day due to cerebral cerebral cerebral cerebralop and cerebral cerebral damage at the National Hospital of the Bowon Medical Foundation Kimhae-si, Kimhae-si, 94-8 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that the Defendant was gregnded and reflects his mistake in depth, and that the Defendant agreed with the victim’s bereaved families at the investigation stage, and the method and result of the instant crime, the following conditions were comprehensively taken into account: (a) the circumstances after the commission of the crime; (b) the Defendant’s age; (c) the Defendant’s sexual behavior; and (d) the intelligent and environment; and (c) the various conditions of sentencing as shown in the arguments and records.