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(영문) 전주지방법원 군산지원 2017.05.10 2017고단275
교통사고처리특례법위반(치사)
Text

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 a person who is engaged in driving C and C 3 cargo vehicles.

On February 13, 2017, the Defendant driven the above car at a speed of 07:55, and marked the front road of the E, located in D in the next Busan Metropolitan City, from the shooting distance of the oil station to the shooting distance away from the north-west market. The Defendant turn to the left at an irregular speed according to the two-lanes of the two-lane.

At this point, there is a pedestrian crossing without signal lights on the front door, and in this case, there was a duty of care to prevent accidents in advance by reducing speed and driving safely by checking well the right and the right of the driver.

Nevertheless, the defendant neglected this and found the victim F(78) who was crossing the above crosswalk from the right side to the left side by his negligence, and found the victim F(78) late, and received the victim's bicycle in front of the freight vehicle operated by the defendant, thereby falling off on the road surface.

Ultimately, on February 14, 2017, around 00:15, the Defendant caused the death of a victimized person at a medical school of the Young University and a university hospital, which was located in 895, from the above occupational negligence, to the part of the cardiopulmonary function.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs of a traffic accident, black stuff images, and closure photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines (including the fact that the defendant is the primary offender, the fact that a significant competition exists with the victim's negligence in the occurrence of the traffic accident in this case, and the fact that the victim's bereaved family members agreed smoothly with each other) concerning criminal facts;

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

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

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