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(영문) 대전지방법원 2017.11.15 2017고단3508

교통사고처리특례법위반(치사)

Text

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

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 of car free cars in CBelgium.

On July 8, 2017, the Defendant driven the above vehicle at around 22:44, and driven the above vehicle at around 83 km in the speed of 4 lanes, facing the KNP branch office in the Daejeon East-gu, Daejeon, the two-lanes of the two-lanes of the two-lanes, namely, the four-lanes of the two-lanes of the two-lanes of the two-lanes.

At the time, night and rained surface is milched, and the place is a general road with a speed of 60 km per hour, and therefore, a person engaged in driving a motor vehicle has a duty of care to ensure that the driver has a duty of care to prevent accidents due to driving at a speed of 20/100 of the highest speed and to prevent accidents due to driving at a speed that reduces the speed of 60km.

Nevertheless, the Defendant was negligent in neglecting the speed on the front side and found the victim D (55) crossing the road from the left side of the Defendant’s course to the right side of the road at a speed exceeding 35 km per hour, and operated the steering gear to the right side. However, the Defendant did not reach this and received the victim on the left side of the Defendant’s driving vehicle.

Ultimately, the Defendant caused the death of the victim from the job to the multiple trauma due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of the statutes of the response request for appraisal;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: Circumstances unfavorable to the point that the victim suffered a serious result of his death: The confession and reflection are made; the victim is also at fault crossing the road of seven-lanes without permission; and the comprehensive motor vehicle insurance.