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(영문) 전주지방법원 남원지원 2017.11.28 2017고단231
교통사고처리특례법위반(치사)
Text

The sentence against the accused shall be determined by a fine of nine million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle with low bid.

On August 9, 2017, the Defendant driven a high-speed car around 15:10, and proceeded with a road of the way in South Won-si, Namwon-si, with a speed of about 60km from the right side of the parallel to the other side of the bank.

At the time, there was a duty of care to prevent accidents by safely driving an automobile driving vehicle with the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right at a low speed.

Nevertheless, while the Defendant neglected this and operated the brakes by negligence that proceeds brooms without reducing speed, the Defendant is driving the vehicle that the Defendant had driven while driving the brakes beyond the center line.

On the other hand, the front part of the Gertobane driving of the Victim F(80) F (80) driving, which was located in the opposite lane, was shocked by the front part of the Gertobane.

As a result, the Defendant caused the death of the victim by occupational negligence from the medical center in North-do, South-do, North Korea, which is located in 365, South Korean Won-si, Namwon-do, on August 9, 2018, to the shock of low blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual condition, on-site photographs, photographs of the deceased, and death certificate;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing conditions of the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime are determined by comprehensively taking account of the following circumstances under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and other conditions of the sentencing indicated in the record.

Unfavorable circumstances - The victim has died due to the instant accident, which is a result of which it is impossible to see in any way.

- contribute to the occurrence of the instant accident.

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