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(영문) 대구지방법원 포항지원 2017.01.18 2016고단1376

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 who is engaged in driving a motor vehicle by borrowing B.

On July 20, 2016, the Defendant driven the above car at the speed of 20:55, and driven it at the speed of about 30km from the east of the west-gu to the east-west of the west-gu at the port.

A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking well the left and right of the motor vehicle.

Nevertheless, the defendant neglected to do so and proceeded with the victim C, who hanged on the right side from the left side of the passenger car driving direction of the defendant, due to the negligence of the defendant, was shocked with the front part of the passenger car of the defendant.

Ultimately, the Defendant caused the death of the victim at the Yong-Namnam University Hospital around September 2, 2016, while receiving treatment due to the fulverization of the left-hand fladrosis and the fladrosis in the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

1. A photograph by cutting down the disaster image;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Criminal facts: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines (the payment of 30 million won to the bereaved family members of the victim, the fact that there is an agreement to subscribe to a comprehensive motor vehicle insurance, the fact that there is a pedestrian shock accident in the crosswalk, which is one of the night and return six-lanes, and the pedestrian signal was changed to the red color, the fact that there was an accident after the fact that there was a fine for violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the fact that there was a criminal record of a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the fact that there was no other criminal record, the fact that there was no other criminal record, the fact that there was a defendant's workplace relationship (the reason

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;