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(영문) 전주지방법원 2018.07.03 2018고단461
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 third car.

On October 19:30, 2018, the Defendant: (a) was negligent in neglecting the front city of the front city while entering the intersection of about 40km in the speed of the city, and failing to accurately operate the steering direction and operating the operation system, the Defendant received the victim D (69 years of age) who was walking along the crosswalk in the front direction of the road in the front direction of the road along the right-hand side of the road, along the two-lanes of the speed of 153, Seocheon-ro, Seocheon-gu, the front city of the road, along the two-lanes of the speed of 40km.

Ultimately, the Defendant caused the victim to die from the above occupational negligence on February 11, 2018 by 00:40, the death of the victim due to cerebral blood, etc. from the hospital of the nuclear power college, which was located in 895, in the Handou-si, Hadou-si.

Summary of Evidence

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order resulted in a serious consequence of the death of the victim due to the instant traffic accident.

However, the traffic accident of this case cannot be said that the victim is not responsible for the occurrence of the accident even to the victim as it occurred when the victim crosss the crosswalk with clothes of the color flag at night.

In addition, the defendant's driving vehicle seems to be covered by the comprehensive motor vehicle insurance, and the compensation for it is expected to be made accordingly, and the victim's bereaved family members also agreed to it.

The Defendant had no record of having been subject to any investigation or punishment prior to the instant crime.

In light of the above favorable circumstances, the defendant shall be punished by a fine.

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