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(영문) 창원지방법원 2017.12.19 2017고단3254

교통사고처리특례법위반(치사)

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1. Defendant A shall be punished by a fine of three million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

(Defendant A) Defendant A is a driver of a DNA car.

National highways No. 2 (T. 2 lanes) will be limited speed of 80 km/h in front of the Y apartment located in the two roads in Changwon-si, Changwon-si, Seoul, and the drivers who walk the above roads at night have the duty of care to prevent accidents by running the roads at the time of observing the regulatory speed while driving on the front and the right and the right and the right and the right and the right and the right.

Defendant

A, around 21:45 on May 27, 2017, driving a low-speed motor vehicle above the border and driving at the speed of approximately 102km/h, which exceeds the speed limit by one lane of the two-lanes of the above road, due to occupational negligence, failing to avoid entering the future of the defendant E ( South, 27 years old) who was walking on the above road in the state of breath alcohol, due to the shocking of breath and shocking the victim into the right side of the vehicle of the defendant, making the victim go beyond the middle of the same direction as the above road, and driving the two-lane immediately thereafter.

B Operation was shocked on the F-learning Car and led up to 20 meters, resulting in the death in the workplace due to the long-term damage to the substance of pluralisticity.

Summary of Evidence

The application of the Acts and subordinate statutes to the defendants' legal statement, actual condition survey report, 112 report on the disposal of the reported case and the traffic accident analysis report and the photographic assessment report;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act (see Supreme Court Decision 90Do580, May 22, 1990, etc.) concerning criminal facts;

2. Selection of a sentence of selective fine (it is clear that the defendant was negligent in neglecting his/her duty at the front time, but the main cause of the accident is that the victim under the influence of alcohol enters a two-lane road at night and prevents the front of the vehicle, the victim's bereaved family members and bereaved family members and the defendant did not have any criminal record or any traffic accident beyond the suspension of execution, and the defendant is divided.