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(영문) 광주지방법원 순천지원 2019.05.31 2019고단518

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of K5 si.

At around 18:20 on January 19, 2019, the Defendant driven the above taxi and driven the two-lane road in front of the Dyang branch in C at the time of leisure, and proceeded at about 50km each speed along the speed of 10km.

At the time of night, since there was a flow of the front door, there was a duty of care to prevent accidents in advance by driving safely, such as checking whether there was a person who gets involved in driving, by reducing speed and checking well the front door.

Nevertheless, the defendant did not discover the victim E (or 76 years old) who crosses the road to the right side from the left side of the proceeding direction by negligence while neglecting this, and received the victim in front of the defendant's taxi.

Ultimately, at around 20:47 on the same day, the Defendant caused the death by cerebral cerebrovassis from the emergency room of G Hospital located in F in the inf in the inf of women.

Summary of Evidence

1. Defendant's legal statement;

1. An analysis table of operating records of the accident vehicle;

1. The scene and photographs of the traffic accident, and the body photographic photo;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The conditions for sentencing specified in the argument of this case, such as the defendant's age, character and conduct, environment, criminal record relations, circumstances after the crime, etc., are considered to be against the victim's fault, and the victim's bereaved family members and the victim's bereaved family members and the first offender have agreed smoothly, and all of the sentencing conditions specified in the argument of this case are considered.