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(영문) 대구지방법원 2016.04.07 2016고단225
교통사고처리특례법위반
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 engaging in driving of a Clearning vehicle that he/she owns.

On December 3, 2015, the Defendant driven the above vehicle at around 18:15, and proceeded to the direction of 50 association in the direction of the State-friendly tunnel, depending on the two-lanes of the 5-lane width of the e station in Daegu Northern-gu D.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering and steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant was negligent in driving a vehicle by neglecting it, and the victim F (74) was led to the front part of the above vehicle, leading to the port from the right side of the direction by the victim F (74).

As a result, the Defendant caused the victim to die due to the above occupational negligence on December 3, 2015 at the H hospital located in Daegu-gu G in Daegu-gu, Seoul-gu, to have the victim die.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to death certificates and postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

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 of the Criminal Procedure Act of the victims of the instant accident occurred, but the occurrence of a serious result of the victim’s death by the instant accident. However, the victim without permission crossings a ten-lane (five-lane) road in which the chemical group is formed in the center of the separation zone, and is shocked by the victim’s fault, and the defendant is very large for the victim’s fault, the vehicle is covered by a comprehensive insurance, the vehicle is in depth, and the victim is covered by a comprehensive insurance, and the defendant has agreed to pay 20,000 won to his/her bereaved family members, there is no record of criminal punishment, and other age of the defendant.

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