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(영문) 대전지방법원 2018.07.12 2018고단1662

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is engaged in driving of B rocketing vehicles.

On March 14, 2018, the Defendant driven the above vehicle at around 06:20 on March 14, 2018, and led the two-lane 101, the front two-lane 101, the two-lane 101, the two-lane 101, the front of the two-lane 101, to drive along the first lane. In such cases, the driver of the vehicle must accurately operate the steering system, brakes, and other devices of the vehicle, and shall not drive the vehicle at a speed or in such a manner as to cause danger and injury to others, depending on the traffic conditions of the vehicle and the structure and performance of the vehicle, and has the duty of care to safely report the traffic situation in the front direction and prevent accidents in advance by safely driving the vehicle.

Nevertheless, the defendant neglected to do so and neglected to do so at all times, and found the victim C who crosses the crosswalk on the right side from the left side of the running direction of the defendant's vehicle to the right side of the pedestrian color of the crosswalk, and turned the victim over the floor by receiving the victim's body parts from the front right side of the defendant's vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the University Hospital of the Republic of Korea, which is located in the Seo-gu Daejeon, Seo-gu, Daejeon on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate of death of a deceased person who has died;

1. Application of accident scene and vehicle photographs-related Acts and subordinate statutes;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Consideration of the reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”), agreement, comprehensive insurance subscription, initial crime, and negligence of the deceased, etc.