beta
(영문) 대구지방법원 안동지원 2019.07.17 2019고단158

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On December 22, 2018, at around 08:10, the Defendant followed the two-lane road of the national highways No. 34, prior to the "D," located in the Gancheon-gun, Gyeongcheon-gun, by the one-lane Myeonkcheon-do.

Since a road is at a point where the speed is 80km, a person engaged in driving has a duty of care to observe the speed limit and to prevent accidents by accurately manipulating the steering and brake system.

Nevertheless, the Defendant neglected to operate a limited speed exceeding 53 km and found the victim E (E, leisure, age 29) (E, age 29) who was on the road that was driven by the vehicle from the front side of the Defendant’s vehicle due to a prior accident, and had the victim take the front part of the Defendant’s driver’s vehicle and caused the victim to die due to cerebral and cerebral cerebral typosis at G hospitals located in the F of the Gyeongcheon-gun, Chungcheongnamcheon-gun, Gyeongcheon-gun, 09:15 on the same day.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A death certificate;

1. Inquiry into the enemy;

1. Written consent to the provision of an accident recording device (EDR) and the results of field support for traffic accidents;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which led to a serious result that the victim’s death could not be observed due to the negligence of the defendant’s excessive driving, etc.

However, the defendant did not have any history of punishment, and seems to have a view to recognizing and opposing his mistake.

The defendant.