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(영문) 전주지방법원 2017.05.23 2017고단312
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 a low-priced car.

On January 16, 2017, around 12:05, the Defendant continued to cross-section a new emulhion emulhion emulhion emulhion emulhion emulhion emulhion from the emulhion of the river to the emulhion emulhion post office.

At the time, the location is a intersection where a red flickering is installed, so in such a case, the driver of the vehicle had a duty of care to prevent accidents by temporarily stopping the vehicle on the stop line, making the front and right and the right and the right are well living at the intersection, and entering the intersection.

Nevertheless, the Defendant neglected to do so and did not discover the Fpoter II cargo vehicle of the victim E (Y, 31) who entered the above intersection from the right side of the Defendant's driver's vehicle to the left side, resulting in the death of the victim due to the external shock by the two-frame opens to the victim due to the shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to dead bodies;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are agreed with the victim, and vehicles are covered by a comprehensive insurance; there is no criminal record against the defendant; the accident in this case was committed by the victim who violated the traffic signal to the deceased and entered the intersection in speed exceeding about 31 km speed above the designated speed; the accident in this case was the principal cause of the accident in this case; the accident in this case was committed as the main cause of the accident in this case; the circumstances and result of the accident in this case, the defendant's age, occupation and living environment, etc.

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