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(영문) 창원지방법원 마산지원 2017.03.28 2017고단93
교통사고처리특례법위반(치사)
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

The defendant is a person who is engaged in driving a BM5 car.

On August 28, 2016, the Defendant driven the above car at around 22:00, and driven the two-lanes of the D in front of the D in C in Changwon-si, Changwon-si, Changwon-si, with one-lane the speed of about 55 km from the opposite side of the Sung-si square.

At the time, there was a pedestrian crossing in which signal lights were installed at night, and in such a case, the driver of the motor vehicle had a duty of care to thoroughly manipulate the steering gear and brakes to prevent the accident by accurately manipulating the steering gear and brakes.

Nevertheless, the defendant neglected to do so and found the victim E (75 ) who was unauthorized to the right side from the left side of the direction of the pedestrian color of the front side of the front side of the road without permission, and operated the steering gear to the right side, and operated the steering gear to the right side, but the defendant did not avoid it, and did not go beyond the road by shocking the victim's attention to the front side of the driver's seat of the front side of the driver's car.

Ultimately, around September 2, 2016, the Defendant caused the death of the victim due to the above occupational negligence by pressure on brain side at the Busan National University Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A death certificate;

1. Application of the response statutes to a traffic accident report and a traffic accident analysis request made by the Road Traffic Authority;

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) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, shall be determined by comprehensively taking account of the following circumstances, and other factors such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime.

A disadvantageous condition: A person who suffers damage due to the instant accident.

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