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(영문) 광주지방법원 목포지원 2017.09.28 2017고단814

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 D-cruise vehicle.

On May 26, 2017, the Defendant driven the above car at around 22:50, while driving it at the speed of about 90 km at the speed of about 10 km from the breath to the breath of the F station in front of the F station in F station E at the time of Fing.

At night, the road at night was at a place where the speed limit is about 80km per hour, and thus, the driver of the vehicle had a duty of care to reduce the speed and accurately manipulate the steering and steering gear, thereby preventing the accident in advance.

Nevertheless, the Defendant neglected to do so and proceeded with the right side of the victim G (65 years old) who was living in front of the Defendant’s moving direction, and was found late to find the victim G (65 years old) who was living in front of the Defendant’s moving direction, and faced the victim’s right side side by his fault.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the Ganpo Korean Hospital located in Sinpo Korean in Sinpo City 483 of Sinpo City 483 of the same day due to the severe injury during treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. A death certificate;

1. Application of Babbbbbling CDs and CCTV video-related Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: Circumstances that are favorable to the defendant's negligence causing a serious result of the death of the victim: The defendant is not more severe than the defendant's negligence, and the defendant's negligence is considerably large, and the defendant's negligence is considerably large, and the accident in this case.