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(영문) 대전지방법원 공주지원 2017.05.12 2017고단67
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 a cuss car in B.

On December 28, 2016, the Defendant driven the above car at around 19:22 on December 28, 2016, and distributed it at the time of official week, according to the one-lane road in front of the bus stop located in the rith of a hot spring, the Defendant proceeded at a speed of about 70km in the C-distance bank from the desired intersection to the C-distance bank.

At night, it is possible for pedestrians to cross the road to the place where bus stops are installed on the right side of the proceeding, so there is a duty of care to safely drive the road after checking whether there is a person who gets on the right side of the road.

Nevertheless, the Defendant neglected this and did not discover the victim D (the age of 15) to the left-hand side from the right-hand side of the bend of the bend of the bend of the bend of the bend, and received the victim as the front-hand side of the bend of the bend of the bend of the bend of the bend of the bend.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the injury of external wounds at around 19:39 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident (1) (2) (2));

1. A death certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order entails a serious result of the death of the victim due to the instant traffic accident. However, the defendant is led to confession and depth, the deceased person’s negligence seems to be considerable, and the deceased person’s fault is also deemed to have been smoothly agreed with the bereaved family.

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