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(영문) 창원지방법원 밀양지원 2020.01.07 2019고단413

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 Bsch Rexton car.

On July 16, 2019, the Defendant driven the said car at a speed of about 50km per hour on July 16, 2019, while driving the said car at a speed of 05:30,000, the front road of the D Association, which is located in C in C, was proceeding at a speed of about 50km per hour from the gold ginseng-distance

At the time of the new wall time, the surrounding area was somewhat narrow, and the crosswalk was installed in front of the defendant's moving direction, so in such a case, the driver had a duty of care to prevent accidents by accurately manipulating the steering gear and the steering gear.

Nevertheless, the Defendant neglected to do so and followed the Defendant’s failure to walk the road to the right side from the left side of the running direction of the Defendant, and received the victim E (the age of 79) who crossed the road as the front part of the vehicle.

As a result, the Defendant caused the death of the victim by occupational negligence on August 21, 2019, by a multiple prolonged period due to multiple trauma in Busan National University Hospital located in 179, Seo-gu, Seo-gu, Busan, Seo-gu, Seo-gu, Busan, where treatment was performed on August 21, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, on-site photograph of a traffic accident, and a photograph by cutting down a black stuff image;

1. A death diagnosis report or a modified photograph;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

1. In full view of the circumstances such as: (a) the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act; (b) the degree of negligence of the accused in the instant crime is deemed not to be less than that of the accused; (c) the accused has the record of having been punished for the same crime; and (d) the result of the victim’s loss of life caused by the instant traffic accident, the Defendant’s liability for the crime is not less exceptionally.

However, the defendant's mistake.