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(영문) 창원지방법원 진주지원 2019.07.10 2019고단531
교통사고처리특례법위반(치사)
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Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is engaged in driving the ecuas car volume.

On February 23, 2019, at around 06:30, the Defendant driven the above vehicle for business purposes, and proceeded with the two-lane 1-lane 238 line industry, Gidong-dong, Sinnam-gun, Ginam-si, Ginam-do, Gidong-si, Gidong-si, Ginam-do, as Gido 238 line.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system while keeping the traffic situation well.

Nevertheless, due to the negligence that continued to progress at the same speed, C(77 years old) that crosses the road to the right side on the left side of the vehicle under consideration is found to be late and operated, but it is not sufficient to reach the road on the front side of the vehicle.

Accordingly, the defendant's occupational negligence caused the injury of severe brain damage to the above victim on February 23, 2019 and caused the death at around 07:20 on February 23, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report, on-site map, each photograph, and a traffic accident report;

1. Application of Acts and subordinate statutes 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 Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order has resulted in a serious result of the death of the victim due to the principal crime: Provided, That in the case of a two-lane in which crosswalks are not installed, this accident has occurred in the first way among the two-lanes. The defendant is recognized as the primary crime, the harming vehicle is covered by a comprehensive motor vehicle insurance, and it has been agreed with the bereaved family

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