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(영문) 춘천지방법원 속초지원 2017.10.25 2017고정83

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 the operation of C character car.

On December 22, 2016, the Defendant driven the above car at around 17:40 on December 22, 2016, and proceeded directly from the beginning to the 70km speed from the parallel of the Myeon office located in the 3517 west East-gu, Seoyangyang-gun, Suyangyang-do.

At the time, the driver's view was limited due to night time and the driver's view was limited. In such a case, the driver's duty of care was to drive the vehicle at a speed of less than 80 km, which is a tool to restrict the location of the vehicle, and to prevent the accident by thoroughly performing the duty of care on the front and the front and the front of the accident.

Nevertheless, as such, the Defendant neglected this and proceeded at a speed of about 70km as above, and neglected the duty of the previous week, the part on the left-hand side of the victim D (W, 79 years old), which was located on the road of the Defendant’s proceeding, was left-hand side from the right-hand side of the running direction of the Defendant, and received as the part on the left-hand side of the said car prior to the left-hand side of the said car.

Ultimately, the Defendant caused the victim's death due to the above occupational negligence in the middle of being treated by a medical center located in Gangwon-do, which is located in the 3rd-ro of the Seocho-gu, Seocho-si, Seocho-gu, Youngdong, 18:36 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and photographs related to each traffic accident;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.