beta
(영문) 수원지방법원 2018.05.15 2018고단725

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 a motor vehicle in the D SP area.

On December 14, 2017, the Defendant driven a car at issue on 08:50 on December 14, 2017, and, at the time of the movement of the wife population, continued to drive a forest road at the 74-11 Sinsan City (the point 414m from the 4.1m of the year) in the direction of the field of the golf course.

At the same time, a forest road was cut down in the state of a non-packagedd forest road without a traffic safety facility, such as a drum, etc., and thus, the Defendant engaged in driving service had a duty of care to reduce the speed and accurately manipulate the steering direction and operation system by accurately manipulating the steering direction and operation thereof, thereby preventing accidents.

Nevertheless, the Defendant neglected to do so and proceeded with it, and caused the car to be cut off on the left side of the proceeding direction by 40 meters away from the ice.

After all, the Defendant caused the death of the victim E (70) who was accompanied by the said car due to the above occupational negligence, namely, the cerebral blood from the tin.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report and a body death certificate;

1. Application of Acts and subordinate statutes on site 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 with regard to the order of provisional payment arose from the occurrence of a serious consequence of the victim’s death, and the fact that the defendant has been subject to a fine twice due to driving under the influence of alcohol is disadvantageous to the defendant.

On the other hand, the defendant has the following favorable circumstances.

The defendant is deeply divided into and reflected in the crime of this case.

The crime of this case is committed on the road due to snow of the defendant.