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(영문) 창원지방법원 2018.05.24 2018고단789
교통사고처리특례법위반(치사)
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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 a car in the B SP area.

On February 23:28, 2018, the Defendant driven the above car on the 23:28th day of February, 2018, and led to the progress of one-lane of the access road to the small highway at the Dong Kimhae-si, Kimhae-si.

Since the restriction speed is 30 km per hour, there was a duty of care to prevent accidents in advance by complying with the speed limit to those engaged in driving of motor vehicles, driving a steering gear and brakes accurately.

Nevertheless, the Defendant neglected this and went on about 7.8km at a speed exceeding 47.8km, and caused the victim C (e.g., the 56-year-older) to cut down the shoulder section from the left side of the running direction of the said vehicle to the right side, and caused the victim C (e.g., the 56-year-older) to go off on the right side of the said vehicle, and again, took the victim’s head part away from the road section of the said vehicle into the front of the said vehicle.

Ultimately, around February 12, 2018, the Defendant caused the death of the victim due to the occupational negligence in Busan, Seo-gu, Seo-gu, Seo-gu, Busan, and the death of the victim due to the external wound in Busan, Busan, University Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Investigation report (investigation into video recording devices of the vehicle under investigation and CCTV for charges);

1. A traffic accident analysis report;

1. A death certificate;

1. Application of Acts and subordinate statutes governing accident photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

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, which led to the instant traffic accident, which led to the occurrence of a serious result of the victim’s death. However, the Defendant did not have any particular criminal record, and led to confession.

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