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(영문) 창원지방법원 밀양지원 2020.01.09 2019고단494

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

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

On August 19, 2019, the Defendant driven the above car on August 19, 2019, and driven it at the speed of about 60 km from E to F, the two-lane road in front of the D convenience point in C located at C when pushed, along two-lanes.

At the time, at night and where a crosswalk is installed in the vicinity, there is a duty of care to prevent accidents by safely manipulating the brakes and steering gear after checking whether a person engaged in driving a motor vehicle has a pedestrian who is crossing the road as well as his/her right and right and right.

Nevertheless, due to the negligence of neglecting this, the Defendant got the victim G (Nam, 71 years old)'s body part crossing the road on the right side from the left side of the direction of the Defendant's course to the right side, and caused the victim's death on the same day due to multiple emulculation.

Summary of Evidence

1. Defendant's legal statement;

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

1. An analysis of traffic accidents;

1. A photograph of a deceased person or a death certificate;

1. On-site photographs and photographs of black boxes;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act of the Labor House Detention Act has resulted in a serious consequence that the victim lost his/her deceased life due to the instant traffic accident. However, although the criminal liability of the defendant is not minor, the circumstances in which the accident occurred while the victim is walking on the crosswalk outside of the crosswalk are considered as the accident, and the victim's side and the bereaved family members are fully agreed, the primary crime is the first crime, and the second crime is not re-offending while against the mistake, considering all the circumstances.