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(영문) 의정부지방법원 2020.01.15 2019고단4506
교통사고처리특례법위반(치사)
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 who is engaged in driving of B New-Wood Motor Vehicle.

On April 22, 2019, the Defendant driven the above vehicle on April 22, 2019, and driven the four-lane road in front of the D School in the city of Speaker C at the speed of about 76 kilometers a speed from the E store to the SinIC, depending on one lane.

At the same time, there was a duty of care to prevent accidents by complying with the speed limit to those engaged in driving of motor vehicles at night at a speed of 50 km per hour, and at night, with a duty of care to prevent accidents due to the safe progress of accidents by complying with the speed limit to those engaged in driving of motor vehicles.

Nevertheless, the defendant, by negligence in contravention of the speed limit, discovered the victim F (ma, 68 years old) who crosses the road from the right side to the left side of the defendant's right side, and did not avoid it and got the victim to go beyond the upper part of the defendant's next right side.

The Defendant caused the victim's death in the same workplace due to multiple occupational injuries, etc. by the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of G police officer;

1. The actual survey report and the report on the occurrence of traffic accidents;

1. A corpse, a written result of the autopsy and a photograph of the deceased;

1. Application of Acts and subordinate statutes to accident video (d), appraisal report, traffic accident analysis and appraisal report;

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. Article 70 (1) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order led to the occurrence of the instant accident while the Defendant driven a motor vehicle beyond the limited speed in the child protection zone. The victim died due to the instant accident.

However, the point of accident of this case is the road of four lanes and eight lanes from each other, and the accident occurred at one lane while the victim crosss without permission.

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