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(영문) 대구지방법원 서부지원 2015.10.23 2015고단1108
교통사고처리특례법위반
Text

Defendant shall be punished by a fine not exceeding eight million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

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

On June 10, 2015, the Defendant driven the above car at around 23:33 on June 23, 2015, and operated the Sungwest-distance intersection, which is in accordance with the Yeongdong-gu, Seogdong-gu, Seogdong-gu, by straighten signal in the direction of the sexual post office.

At the time, at night, the road was 60 km at a speed limit, and thus, in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent traffic accidents by operating the steering gear and brakes accurately while complying with the speed limit and driving the steering gear and brakes.

Nevertheless, the Defendant neglected this and proceeded at a speed of 97 km per hour exceeding 37 km, while driving the limited speed from the left side of the defendant's running direction to the right side of the victim D's driving, ECA110V, which is proceeding along the crosswalk, received the right side part of the victim D's driving, as the front part of the vehicle of the defendant.

Ultimately, at around 00:16 on June 11, 2015, the Defendant caused the death of the victim due to cerebral cerebral cerebral cerebral typhism at the site of the above accident.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The actual condition survey report;

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

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, 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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