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(영문) 춘천지방법원 2018.03.29 2017고단1336
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 driving a CM5 vehicle volume.

On September 17, 2017, the Defendant driven the above vehicle at around 1:35, and led the road 1219, in writing, in Chuncheon City, bypassing the road from the surface of the new village to the surface of the Kamam Dam at the surface of the new village.

Since there is a place from the village road to the general road, a person engaged in driving service has a duty of care to check the safety of the course by properly examining the right and the right before the right of the right of the way and then to make the right of the right of the right of the way.

Nevertheless, the Defendant did not accurately examine the left and the right at the time of entry into the road and entered the road as it was, by negligence, the Defendant, at the room of the police box, operated the DVR 100 engine bicycle riding from the face of the Guam Dam. Accordingly, the Defendant got the victim F (F, 32 years old) who was accompanied by the bicycle riding along with the bicycle driving on the right side.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence due to the same day’s 13:45 Liberal surgery, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and G;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, on-site photograph and 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 of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is that the victim’s death is up to the accident in the instant case, and the Defendant, without checking whether there is a motor vehicle or an erroneous soil going through by examining the left and right before entering the road, leaves the road as it is and stops, thereby resulting in the instant accident, etc. disadvantageous to the Defendant.

However, the defendant recognizes his crime.

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