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(영문) 창원지방법원진주지원 2020.09.23 2020고단656

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On December 19, 2019, at around 22:47, the Defendant driven a five-lane road near the new harbor unit in Jinju-si, Jinju-si, along the five-lanes of the two-lanes of the two-lanes, and proceeded along the five-lanes of the two-lanes of the two-lanes of the two-lanes from the desired intersection.

Since there are crosswalks in which pedestrians are installed, there is a duty of care to prevent accidents by accurately operating the steering gear and brakes while driving on the front.

Nevertheless, the Defendant did not discover the victim C (the age of 48) who was in the front room due to negligence in the course of his duty and received the front part of the right side of the knife.

At around 23:41 on the same day, the Defendant caused the death of the victim due to the injury to the two parts of the external wounds in the emergency room of a regular university hospital by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report, photographs, internal investigation report (the analysis of CCTV images around the scene of the accident), internal investigation report (referring to the statement of a witness driver at the time of the accident), each CD, each CD, each traffic accident analysis report, and DVD;

1. Application of Acts and subordinate statutes of a death certificate;

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 victim neglected his/her duty of care prior to the sentencing of Article 334(1) of the Criminal Procedure Act, and caused the death of the victim.

However, there is no possibility that criminal punishment is recognized and criminal.

A victim crosses a nine-lane road from night in violation of crosswalk signal.

An accident has occurred.

The vehicles are covered by a comprehensive motor vehicle insurance, and they are not punished by mutual consent with the bereaved family members.

In addition, the environment of the defendant is considered.