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(영문) 창원지방법원 거창지원 2017.01.11 2016고단464
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced car.

On October 4, 2016, the Defendant driven the above vehicle at a speed of about 50 km in speed from the border to the same east 50 km-Eup along a two-lane road in front of the Gu village, Yangyang-ri, Yangyang-ri, Seoyang-ri, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-do, at the speed of about 10 km in speed.

At the time, there are nights and places where people are frequent in front of the village, and thus, the driver of the motor vehicle had a duty of care to prevent accidents by accurately manipulating the steering and steering gear while driving the motor vehicle at a speed.

Nevertheless, the defendant neglected this and did not discover the victim C (the age of 82) who crosses the road from the right side of the defendant's running direction to the left side, and received the victim in front of the right part of the defendant's driving vehicle.

Ultimately, the Defendant caused the victim to die in the same workplace due to the above occupational negligence due to the respiratory part, etc., and the summary of the evidence.

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act resulted in the death of the victim due to the crime of this case. However, the occurrence of the traffic accident of this case includes the fault of the victim, the vehicle operated by the defendant is covered by a comprehensive insurance, the vehicle operated by the defendant is agreed with the bereaved family of the victim, the defendant is a primary offender and is sentenced to imprisonment without prison labor or heavier punishment, and the defendant's age, sex behavior, intelligence and environment, and motive for the crime.

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