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(영문) 대구지방법원 안동지원 2014.08.08 2014고단154

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

At around 07:20 on January 11, 2014, the Defendant, who is engaged in driving a rocketing car, was driving the said car on the front of the victim D(W, 85 years of age) located in Ansan-si C in accordance with one lane.

At the time, around sunrise, and around that time, since there are frequent pedestrian traffic, the driver of the vehicle has been performing the duty of care to accurately operate the steering direction and operation of the steering system by accurately operating the steering direction and operation system while living well on the right side of the vehicle, and the defendant was negligent in doing so, and the defendant went beyond the right side of the victim who illegally crossed from the left side of the vehicle driving direction to the right side of the vehicle.

Ultimately, the Defendant caused the above victim’s death due to the above occupational negligence by causing the victim’s severe brain damage caused by the two frameworks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The application of Acts and subordinate statutes to the practical survey report, corpse autopsy report, and postmortem examination report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines (including where the victim has agreed smoothly with his/her bereaved family members

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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