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(영문) 대전지방법원 2018.10.25 2018고단2581

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On January 28, 2018, the Defendant driven a business DMW X4 car, and led the victim to the death of the Madern University Hospital located in Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, by driving the DMW X4 car along the two-lanes of the BM 2-lanes from the new and Seo-gu, Seo-gu, Daejeon, to the 4-lane of the Juk-gu police station. The Defendant: (a) found that the restricted speed is above 25 kilometers per hour; and (b) caused the death of the Madern Road from Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, Seoul; (c) caused the death of the Madern University due to the negligence of exceeding 25 kilometers/her speed at the speed of the restriction; and (d) proceeded with the right and the right and the right and the right and the right of the Madern Road to the left from the right side of the pedestrian color; and (d) caused it to death.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. An investigation report (in cases of attaching photographs of speed limit to the scene of the accident, including appendture photographs, and appendture photographs to the vehicle speed);

1. A traffic accident analysis report;

1. A corpse death certificate;

1. The defendant and his defense counsel asserted that he could not avoid a traffic accident in light of the circumstances of the traffic accident.

However, according to the results of the examination of the front line, including the black image, there is a fault of the victim crossing the crosswalk, but the defendant also cannot deny the violation of the duty of care that did not discover the victim due to the excessive driving of the crosswalk. Therefore, the above argument is rejected.

Application of Statutes

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, the Selection of Fines, and Article 268 of the Criminal Act concerning criminal facts;

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

1. Taking into account the reflection of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the circumstances leading up to the occurrence of a traffic accident (including the degree of negligence of the defendant and the victim), comprehensive insurance policy, agreement with the bereaved family, and the fact that there is no same criminal history.