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(영문) 대구지방법원 김천지원 2017.11.14 2017고단1260
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 Crane car.

On August 6, 2017, the Defendant driven the said car at around 10:40, while driving the said car, and, at the entrance of the water department located at the 12-lane 12-lane nive of Kimcheon-si, the Defendant proceeded with a road of one-lane 100 meters away from the scline of the water department located at the 100-lane nive of the city of Kimcheon-si to the scline of the scline.

At this point, the center line of the yellow domin line is installed, and the following is followed by the E 998C 200C 20, which the victim D(36C ) drives, and thus, the person engaged in driving a motor vehicle has a duty of care to care for the following vehicle and not to make an illegal internship.

Nevertheless, the Defendant neglected this and attempted to make an illegal U-turn on the road above that where the center line of the yellow domin line is installed, the Defendant shocked the front wheels of the above Orala, which followed one lane by the side, into the left side of the said car, and led the victim to transfer it to the road.

Ultimately, the Defendant’s negligence on the same day, around 17:40 on the same day, caused the Defendant’s injury to the victim at the North Korean University Hospital located in Daegu-gu, Daegu-ro 130 on the same day due to the foregoing occupational negligence, resulting in the Defendant’s chest death.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to report internal investigation (limited to attachment of photographs of changeers) and report of internal investigation (limited to attachment of a death certificate);

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 under Article 334(1) of the Criminal Procedure Act is that the defendant is driving a motor vehicle illegally, and the defendant conflicts with the victim who was following the vehicle in the course of making the illegal internship, thereby causing the death of the victim.

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