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(영문) 대구지방법원 2016.01.12 2015고단5277
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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 Chump vehicle owned by B.

On August 9, 2015, the Defendant driven the above vehicle at around 18:30 on August 18, 2015, and continued to proceed in the direction of Cheongcheon-do in the direction of Cheongcheon-do along the first two lanes in front of the Seocheon-si, Seocheon-do.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering and steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected this and proceeded to the left side of the said bicycle beyond the median line by negligence in order to overtake the bicycle of the victim D(73) driving on the front side of the said bicycle, and received the rear part of the said bicycle with the front part of the said vehicle.

As a result, the Defendant caused the victim to die due to the above occupational negligence on August 11, 2015, at the Young-gu Daegu-gu University Hospital located in 170, Nam-gu, Daegu-ro, Daegu-ro, 170.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (Attachment of a death certificate);

1. Application of Acts and subordinate statutes to a traffic accident report and a survey report on actual condition;

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 sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Criminal Procedure Act, which resulted in the death of the victim due to the negligence of the defendant's driving, so the criminal liability of the defendant shall not be minor;

However, the fact that the defendant repents and reflects the wrongness, that the defendant agreed with his bereaved family members, that there is no other criminal punishment except once a fine, and that there is a concern that the defendant will lose his/her workplace if he/she is sentenced to imprisonment without labor or heavier punishment for this case, and that various conditions of sentencing, such as the defendant's age, sexual behavior, environment, and circumstances after the crime, etc.

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