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(영문) 제주지방법원 2020.09.24 2020고단1420
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 car in Bsch Rexton sports partitions.

On April 12, 2020, the Defendant driven the said car on April 12, 2020, and led to the driving of the said car along the two-lanes from the Dong Hong-dong to the effalon zone.

At the time, the driver of a motor vehicle had a duty of care to prevent accidents in advance by accurately operating the steering gear and operation of the steering gear and the brake system, because the driver of a motor vehicle was at the time prior to sunrise and at the time, and the driver of a motor vehicle had a duty of care.

Nevertheless, the Defendant did not discover the victim D (Nam and 33 years of age) who was on the front road due to negligence in the course of his duties and did not look at the surrounding areas in order to find convenience points, and received the victim as the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the above victim’s death at the site by occupational negligence as above.

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. Report on the occurrence of a traffic accident, the report on a traffic accident, the report on a traffic accident (report on actual condition), the notification to the department related to the report on the 112 Incident, each seizure record (Submission of report), each seizure record, each body autopsy report, related image-faging photographs, internal investigation report (Attachment of CCTV images and faging photographs around the accident point), investigation report (Attachment of CCTV images and faging photographs) (as a result of the analysis of the vehicle's accident recording devices (EDR), traffic investigation EDR analysis report, investigation report, notification on the results of the traffic accident analysis, notification on the results of the traffic accident analysis, application of Acts and subordinate statutes;

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

1. Articles 70(1) and 69(2)(1) of the Criminal Act (in the event that a sentence of suspension of execution of punishment is invalidated or revoked, a fine shall not be paid) of the Criminal Act.

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