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(영문) 대구지방법원 영덕지원 2016.02.03 2015고단273
교통사고처리특례법위반
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 engaging in driving a rocketing car.

On November 4, 2015, the Defendant driven the above car at around 08:20, and led to the speed of about 40km from the lower three distance to the location of the nutrition Eup to the 164-6 km of the nutrition Eup of the Gyeonggi-do.

Since there was an intersection zone, there was a duty of care to prevent accidents in advance, such as reducing the speed prior to entering the vehicle to a person engaged in driving the vehicle and checking the left and right well, and safely entering the vehicle.

Nevertheless, the Defendant neglected this and went to the left from the direction of the Defendant’s proceeding due to negligence, and received the front part of the victim D(73 ) E-to-face driving from the victim D(73) driving to the left, as the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence in the G Hospital located in the G G G Hospital in the G Gandong-siF where the Defendant was under the treatment of transmission after November 4, 2015, from the death of the victim due to the blood transfusion in the mouth.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A death diagnosis report, a postmortem report, a corpse postmortem examination report;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a survey report on actual condition, on-site photographs, each borrowed inquiry, and notification of the results of the traffic accident investigation and analysis;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The crime for the reason of sentencing of Articles 70(1) and 69(2) of the Criminal Act with the custody of the workhouse is a criminal negligence, and at the time of the occurrence of the traffic accident, the defendant was under direct control, and the deceased (victim) was making a left-hand turn. Considering the above progress direction of both parties, the deceased’s negligence in relation to the occurrence of the accident seems to be considerable, and the defendant’s bereaved family members amount to KRW 30 million.

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