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(영문) 대구지방법원 2018.12.20 2018고단4506
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in Cknife.

On June 23, 2018, around 10:40 on the Cheongcheon-si, Cheongcheon-do, Cheongcheon-do, Cheongcheon-do, Cheongcheon-do, Cheongcheon-do, the Defendant proceeded along the two lanes at a point 21.9 km away from the Daegu-do west to the port of port.

Since there is a two-lane expressway, a person engaged in driving of a motor vehicle has a duty of care to thoroughly maintain the condition of the string of the motor vehicle and to prevent accidents by accurately manipulating steering devices and brakes.

Nevertheless, the defendant neglected to do so and caused the driver's car to be shakened by the defendant's driver's vehicle due to Wonk, which occurred on the left side of the passenger's vehicle operated by the defendant, and the driver's car was shakened by the defendant's driver's vehicle, and the driver's car was shocked by negligence that did not accurately operate the steering gear and proceeded with the right side

D 운전의 E 쏘렌 토 승용차의 우측 앞 부분을 충격하였고, 위 충격으로 쏘렌 토 승용차가 전복되어 쏘렌 토 승용차에 타고 있던 피해자 F( 여, 22세) 로 하여금 도로 밖으로 튕겨 져 나오게 하였다.

Ultimately, the Defendant caused the above victim to die at the site of the above accident around 11:35 on June 23, 2018 by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, and H;

1. A survey report on actual conditions;

1. A report on internal investigation (verification of one vehicle booms images and CCTV images for road construction);

1. Application of statutes to copies of autopsy certificates;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The circumstances are favorable to the fact that the victim’s death was caused, and that there was a record of having been punished by a fine on one occasion due to drinking driving.

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