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(영문) 대구지방법원 안동지원 2018.10.26 2018고단448

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Crane car.

On April 20, 2018, the Defendant driven the above car at around 18:50 on April 20, 2018, and continued to cross-section 705 square meters from the parallel of flat arms at the distance of 705 square meters at the inside of Andong-si.

Since there is a place where traffic control is not supported as a private-distance intersection, there was a duty of care to check whether there is a cross-road vehicle by reducing the speed or temporarily suspending the vehicle for a person engaged in driving a motor vehicle and operating the motor vehicle.

Nevertheless, due to the negligence that the Defendant neglected the duty of the front-time care without reducing speed, the Defendant was faced with the front-hand part of the victim D (e.g., 71 years old) driving on the right side from the left side of the Defendant’s vehicle, on the front-hand part of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim from G hospital located in Ansan-si F in May 16, 2018 due to such occupational negligence by the Defendant’s death, such as the heart, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each traffic accident report and traffic accident analysis report;

1. A death diagnosis report or postmortem report;

1. Application of each statute on photographs;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act was that the Defendant caused the death of the victim by negligence while driving a vehicle in the intersection without sufficiently examining the case.

However, the defendant is against his or her will to recognize his or her mistake.

There is no criminal history against the defendant.

The instant vehicle is covered by the comprehensive motor vehicle insurance, and the Defendant paid KRW 50 million to the bereaved family members of the victim and agreed to do so.

(b) it;