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(영문) 전주지방법원 2020.06.23 2019고단2242
교통사고처리특례법위반(치사)
Text

The sentence against the accused shall be set forth as a fine of six million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car by borrowing B.

On June 23, 2019, the Defendant driven the said car at a speed of 38.6km/h from the E apartment room to the F apartment room of the front road located in the Jeonju-gun of the Jeonju-gun.

It is a child protection zone with a restricted speed of 30km/h, so in such cases, the person engaged in the driving of motor vehicles has a duty of care to reduce the speed, to take the right and the right and the right of the road well, to accurately manipulate the steering and the brakes, and to prevent accidents by operating them.

Nevertheless, the Defendant was negligent in driving a Madern Road due to his negligence and received a bicycle from the victim G (the age of 87) who crossed the Madern Road as the front driver of the car of the Defendant.

As a result, the Defendant caused the death of the victim due to such occupational negligence on July 11, 2019, by taking care of the Do, which was being provided by the Jeonjin-gu University Hospital located in 20, Young-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to the traffic accident actual condition survey report, accident site photograph, death diagnosis report, and traffic accident analysis report;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Not more than 20 million won in the scope of punishment by law;

2. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.

Unfavorable circumstances - The occurrence of the instant accident led to serious consequences leading to the death of the victim, and the defendant is able to bear criminal responsibility corresponding thereto.

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