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(영문) 청주지방법원 2019.07.18 2019고단598

교통사고처리특례법위반(치사)등

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 a B M& car.

1. Around November 23, 2018, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) led the Defendant to take the roads of one lane in front of the village of Jincheon-gun, Jincheon-gun, Jincheon-gun, by E elementary school located in D from the room of the carried-over office.

At the time, the road was at night and its location was merely the first line, so in such a case, the defendant, who is engaged in driving of the motor vehicle, had a duty of care to look at the front and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the defendant neglected this and proceeded with the victim F (year 71) who was walking on a road at the front side of the driver's car by negligence of the defendant's negligence, which led the victim F (year 71) to the front side of the vehicle.

On November 7, 2018, while the Defendant received treatment by occupational negligence on the part of the victim with no one in which two persons are open to the victim, the Defendant caused the death of the victim at around 12:19.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license, and operated the said Mat Motor Vehicle at a section of about 3 km from the H Jincheon Factory Parking Site in Jincheon-gun, Jincheon-gun, Chungcheongnam-do, to the front road of the village entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

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

1. An accident site photograph;

1. A death certificate;

1. Application of the statutes on the register of driver's licenses;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The order of provisional payment;