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(영문) 전주지방법원 2020.05.12 2019고단1109
교통사고처리특례법위반(치사)
Text

The sentence against the accused shall be determined by a fine of 15 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car B.

On May 29, 2019, the Defendant driven the said car on May 21:10, 2019, and proceeded along the two-lane road of the D, which is located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Chungcheongnam-gu, Jeonnam-do, with one lane from the southwest-gu, the Defendant driven the said car along the two-lane road.

At the time, there was a difficulty in surrounding areas at night, so in such cases, there was a duty of care to prevent accidents in advance by reducing speed to persons engaged in driving a motor vehicle, driving a motor vehicle, and driving a motor vehicle safely.

Nevertheless, the defendant did not discover the victim E (the age of 66) in front of the direction of the defendant's driving due to the negligence of neglecting this, and did not discover the victim E (the age of 66) in front of the direction of the defendant's driving, and had the defendant go beyond the ground with the front part of the vehicle operated by the defendant.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the pre-North Korean University Hospital, which was located in 20, Jinjin-gu, Seoul Special Metropolitan City on the same day at around 21:56, due to the damage of diversified trauma caused by traffic accidents.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the actual condition survey report, accident site report and field photo, report on the occurrence of a traffic accident, death diagnosis report, and Acts and subordinate statutes governing the network photographic;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Not more than 20 million won in the scope of punishment by law;

2. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.

The defendant's negligence that contributed to the accident of this case is not insignificant, and the victim thereby.

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