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(영문) 대전지방법원 2018.06.27 2018고단1185

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 18, 2018, the Defendant driven a rocketing car for business purpose at around 21:20, and got off the front part of the victim D (the 70-year-old 70-year-old Ha), which was driven by the Defendant, with the two-lanes of the 45-lane from the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-Si

Ultimately, the Defendant caused the victim’s death due to the occupational negligence during the course of being sent back to the Busan District University Hospital located in Seo-gu, Daejeon, Seo-gu, Daejeon, and being treated as a branch university hospital, and on February 6, 2018.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a death certificate;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The result of the instant crime is very serious; the victim’s walker of a crosswalk in normal walking signals is sufficient in violation of the victim’s signal and thus the degree of negligence is significant: The instant accident occurred in the course of emergency mobilization; the Defendant’s driver’s vehicle is covered by a comprehensive motor vehicle insurance; the victim’s bereaved family members are covered by the comprehensive motor vehicle insurance; the victim’s bereaved family members and the victim’s family members have agreed to pay compensation; the Defendant has no investigation or punishment before the instant crime; and the Defendant’s age, sex, environment, health conditions, and conditions after the crime are committed.