(영문) 대구지방법원 2019.01.16 2018고단5345

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(영문) 대구지방법원 2019.01.16 2018고단5345

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Adi A4 car.

On September 15, 2018, the Defendant driven the said car on September 15, 2018, and driven the front road D in Daegu Suwon-gu C at a speed of about 56km per hour, depending on the two-lanes from the desired intersection to the large-wing intersection, along the two-lanes.

The two-lane roads are two-lanes, and in the vicinity, the possibility of pedestrians' unauthorized crossings can not be ruled out due to housing prices and commercial buildings. In such a case, the defendant who drives a motor vehicle has a duty of care to take measures, such as immediately stopping the motor vehicle and rescuing the causes of the accident, by accurately operating the steering gear and operating the steering gear.

Nevertheless, due to the negligence that the defendant neglected this and proceeded without properly examining the front side, the defendant used the victim E (the 61-year-old) who opened the road on the right side of the vehicle of the defendant in the direction of the car driving to the left side of the vehicle of the defendant, and did not take necessary measures, such as checking the cause of the accident that was lowered from the vehicle and the location of the victim, while recognizing the occurrence of the traffic accident, the defendant moved the victim to the lower side of the vehicle and moved about about 10 meters.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Gyeongbuk University Hospital in Daegu-gu, Daegu-ro, 130, around 16:17 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. A death certificate;

1. Application of the Act and subordinate statutes on de facto condition survey report and closure photographs;

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

1. Optional penalty:

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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