(영문) 전주지방법원 2018.01.09 2017고단1866

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(영문) 전주지방법원 2018.01.09 2017고단1866

교통사고처리특례법위반(치사)

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Defendant shall be punished by a fine of seven 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 rocketing car.

On July 19, 2017, the Defendant driven the above vehicle around 10:20 on July 19, 2017, and got to proceed to the Gu from the direction of the apartment site in Bosch Rexroth, according to one-lane, among the two-lane two-lanes in front of the Odix distance, from the front of the front port of the front port of the west-gun.

Since there is a lot of on-and-off lights in operation, a person engaged in driving service had a duty of care to prevent accidents by safely entering the intersection by checking the front and right and the right and the right and the right and the right and the right and the right and the right before entering the intersection.

Nevertheless, due to the negligence of entering the intersection, it has been proceeded to the right on the left side of the right of the defendant's proceeding.

E(51) Operation 51 Fpoter Ⅱ Cargo Sheet part before the left side of the Defendant’s next left side and was on the top of the damaged vehicle.

G (n, 50 years old) was reduced to outside of the vehicle.

Ultimately, the Defendant caused the victim G by the above occupational negligence to die by an external shock shock caused by the diversal heacy gale, while sent back to the hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual investigation report on traffic accidents;

1. On-site photographs;

1. Application of Acts and subordinate statutes to dead bodies;

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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are agreed with the victim, and the vehicles are covered by comprehensive insurance, there is no criminal record against the defendant, and the victim did not wear the safety belt at the time of the accident. If the victim was worn the safety belt, it appears that the serious result of the death would not have occurred, and the circumstances and result of the accident in this case are the age of the defendant.

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