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(영문) 창원지방법원 마산지원 2019.02.14 2018고단1207

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

Criminal facts

The defendant is a person who is engaged in driving of the vehicle B at low price.

On October 27, 2018, the Defendant driven the above car and driven the two-lane road in front of the apartment complex C in Changwon-si, Changwon-si, Msan-si, according to one-lane from the Masan-si to the D department store.

Since there is a road with a restricted speed of 50km per hour, the driver of the motor vehicle has a duty of care to maintain the restricted speed and to operate the steering system and operation system accurately.

Nevertheless, the defendant neglected this and did not find the victim E (ma, 56 years old) who was crossing the crosswalk due to the negligence that the speed of the restriction exceeds 23 km per hour, and did not find the victim E (ma, 56 years old) and shocked the victim in front of the passenger car of the defendant.

Ultimately, the Defendant suffered from an injury, such as scarcity damage, to the victim due to such occupational negligence, and caused the death of the victim due to the injury at around 04:10 on October 27, 2018 during the back-to-patient treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written diagnosis of death of E;

1. A traffic accident report;

1. Application of Acts and subordinate statutes governing accident site photographs;

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was that the victim died due to a traffic accident caused by the Defendant’s speed exceeding 20 km per hour, but the Defendant was subscribed to a mutual aid through a siren company with respect to a car that caused the said traffic accident, and otherwise, G does not want the Defendant’s punishment by mutual agreement with the spouse’s representative who appears as the victim’s bereaved family member.