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(영문) 대전지방법원 2017.04.27 2017고단725

교통사고처리특례법위반(치사)

Text

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

Where the defendant fails to pay the above fine, one million won shall be paid.

Reasons

Punishment of the crime

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

On November 22, 2016, the Defendant proceeded along the three-lane road in front of the Taeduk-gu Daejeon Daejeon, Daejeon, Daejeon, in accordance with the two-lanes from the distance between Eup to the distance between Eup and Myeon.

In such a case, there was a duty of care to prevent accidents in advance by properly manipulating the steering gear and brakes with a view to living well the right and the right and the right and the right and the right and the right and the right and the right.

Nevertheless, the Defendant neglected this and went beyond the right side of the victim D (W, 54 years old) who crosses the road to the right side from the left side of the sea bedion direction without permission.

Ultimately, the Defendant caused the occurrence of a traffic accident by occupational negligence, thereby resulting in the death of the victim from a low-blood shock shock caused by damage to the blood transfusion in the uniforms at the Gi University Hospital, Seo-gu, Daejeon, Seo-gu, Daejeon. 95 on the same day.

Summary of Evidence

1. Court statements by the defendant 1 and court statements by the police for E;

1. Reporting of a traffic accident (1) and reporting of a traffic accident (2);

1. A corpse death certificate;

1. On-site conditions and accident circumstances;

1. CCTV images CDs on the face of an accident;

1. Application of Acts and subordinate statutes to photographs of the scene of an accident, and photographs of changeers;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Although there was a serious result of the death of the victim by negligence while driving the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the defendant's mistake and seriously reflects the defendant's perception of his fault, the defendant's bereaved family does not want criminal punishment against the defendant, and the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance.