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(영문) 광주지방법원순천지원 2020.11.25 2020고단2294

교통사고처리특례법위반(치사)

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Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On August 14, 2020, the Defendant operated the said car on August 14, 2020, and proceeded with the national highways No. 1146-8 22 of the Jeju-si Office of 1,146-8 from the c to the Jeju-si Office.

Since there is no crosswalk, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle, such as making it possible for the person engaged in driving a motor vehicle to live well on the front side and the right side, and accurately operating the steering gear and the brake system.

Nevertheless, the Defendant neglected this and did not discover that the victim D (ma, 92 years old) has already come to the right side from the left side of the direction where he embarked on the electric wheelchairs, and did not go to the center line, and did not go to the right side of the victim's right side on the front side of the electric wheelchairs, which the Defendant is driving by negligence, and led the victim to go beyond the road.

Ultimately, the Defendant caused the victim's death by occupational negligence on August 14, 2020, at the F Hospital located in the Net City E around 12:33, 2020, to cause the victim's death due to the death of an external wound.

Summary of Evidence

1. Defendant's legal statement;

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

1. A death certificate;

1. Application of Acts and subordinate statutes on investigation reports (Attachment of wheel Track Images)

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (Selection of Fines, referring to the following reasons for sentencing);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is the case resulting in the death of the victim by shocking the victim who was on board the front wheelchairs with the driver's negligence as long as the defendant neglected his/her duty of care at the front time.

A road in which an accident occurred is a straight line, and at the time, it shall be a week.