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(영문) 대구지방법원 2020.06.10 2020고단1086
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 20,000,000.

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

Reasons

Punishment of the crime

On September 23, 2019, at around 02:55, the Defendant driven a B rocketing taxi, and proceeded at a speed of about 93 km from the hydroduk-gu, Daegu-gu, along the two-lanes of the five-lane road in front of the Dental Hospital in Daegu-gu, at a speed of about 93 km from the hydroduk-gu. The Defendant changed the three-lane.

At the time, there was a night at a speed of 70 km per hour, so in such a case, the Defendant engaged in driving cars had a duty of care to prevent accidents, such as complying with the speed limit, and accurately manipulating the brake system by checking the right and the right and the right of the vehicle, etc.

Nevertheless, the Defendant neglected this and neglected his duty at a speed exceeding 23 km, and did not discover the victim E (year 41) who crosses the right from the left side of the course of the collision without permission from the right side, and received the victim’s front part of the taxi.

Ultimately, at around 03:38 on September 23, 2019, the Defendant caused the death of the victim at the 130 North Korean University Hospital in Daegu Jung-gu, Daegu-ro, 130, due to the decrease in the amount of credit blood, shock, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Police Investigation Report (as to attachment of DTG analysis)

1. Each photograph: “accident site” and “booming a black image images”;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which is too prompt, led to the negligence of neglecting the sentence of Article 334(1) of the Provisional Payment Order, and thus, almost, the victim was taken as it is and almost, i.e., the crime liability. However, although the victim was placed in the heart where it is difficult to secure the view, the victim was crossing without permission beyond the central separation zone by suffering the clothes in color.

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