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(영문) 대구지방법원 2015.11.12 2015고단4499
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 22:55 on July 13, 2015, the Defendant driven B rocketing car on a business basis, and proceeded at a speed of 65 km from the surface of the granch distance to the surface of the granch distance from the granch road in the south-gu, Daegu to the 3-lane, the Defendant neglected to perform the duty of granching and caused the death of the victim E (the age of 47) who walked to the left side from the right side of the Defendant’s proceeding due to negligence in the course of business, driving the vehicle without permission from the Defendant’s occupational negligence, resulting in the death of the victim by means of low blood shock, etc. at the Daegu National University Hospital located in the south-gu, Daegu National Park around 03:15 on July 14, 2015.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Photographss and photographs;

1. Application of Acts and subordinate statutes to the actual survey report;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the order of provisional payment has resulted in the death of the victim due to the negligence on the part of the defendant's driving.

However, the judgment of the court is based on the following factors: (a) the Defendant divided and reflected the Defendant’s mistake; (b) the 8th line road, which is up to the fences to prevent unauthorized crossing; (c) the victim was faced with the instant accident while crossinging the road without permission; (d) the victim was extremely difficult for the Defendant to find it out from the wind between the vehicle at the time of the accident and the vehicle in illegal parking; (c) the Defendant was driving in the speed limit at the time; (d) the Defendant agreed with the deceased’s bereaved family members; (d) the Defendant had no record of criminal punishment before, and all the sentencing conditions, including the Defendant’s age, character and behavior, environment, and the circumstances after the crime.

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