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(영문) 창원지방법원 거창지원 2020.02.19 2019고단390

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-to-pur vehicle.

On November 20, 2019, the defendant driving the above car at around 09:45, and driving it in front of the D(Gu E) Do, Changnam-gun, Changnam-si, and driving the way in front of the D(Gu E) due to F elementary school located in the jurisdiction of the court from the boundary of the distance of the company to the one-lane of the F elementary school, the defendant made the left turn to the left from the jurisdiction of the court.

Since there are many pedestrians' move, in such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent accidents by safely driving the motor vehicle, such as reducing speed according to road conditions and accurately manipulating the brake system.

Nevertheless, the Defendant neglected this and failed to discover the victim H (the age of 66) who was crossing the above road without permission due to negligence that failed to properly operate the operation of the operation system and caused the victim to go beyond the front driver of the above vehicle, and continued to go beyond the road with the rear wheels of the driver's seat of the above vehicle.

Ultimately, at around 11:14 on the same day, the Defendant caused the death of the victim due to cardiopulmonary damage at the J Hospital located in Chungcheongnam-gun, Chungcheongnam-gun, Seoul Special Metropolitan City due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, site photograph, and photograph of the defense contractor;

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 following circumstances for sentencing under Article 334(1) of the Criminal Procedure Act, including the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and other circumstances after the crime.