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(영문) 대구지방법원 2015.08.18 2015고단3209
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a motor vehicle of QM5 vehicle.

On June 16, 2015, at around 13:30, the Defendant proceeded one-lane of the two-lanes in the Taecheon-gu, Taecheon-gu, Taecheon-do, Taecheon-do, Taecheon-do, Seocheon-do, which was in the Donsan-do.

A driver of a motor vehicle has a duty of care to properly see the front side and the left side and the left side and accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected to do so and did not find out the victim E (the age of 82) who was standing on the right side of the opposite side of the marina by negligence of the Defendant, and was faced with the victim in front of the Defendant’s vehicle.

In the end, the Defendant caused the victim to die by occupational negligence as above, resulting in the victim's death at the left-hand chest susususus sus fry and the blood sussus.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Application of Acts and subordinate statutes on a written autopsy;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the defendant caused the serious result of the victim's death due to the instant accident, and thus, the liability for such crime shall not be mitigated.

However, it is not easy for the defendant to expect that he will cross the road of this case without permission, since the defendant is seriously against the defendant, the first offender, the victim's unauthorized crossing is the cause of the accident of this case, the defendant seems not to cross the road of this case, the defendant took relief measures against the victim immediately after the accident, the defendant made a smooth agreement with the victim's bereaved family members, the vehicle is covered by a comprehensive insurance.

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