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(영문) 창원지방법원 통영지원 2017.10.11 2017고단761
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 Doz car.

On December 31, 2016, the Defendant driven the above car at a speed of 00:48, and driven the two-lane road in front of the F station in the city E at a show of show, along the speed of about 95 km in speed from the front side to the front side of the road at a speed of about 95 km in speed.

At the time of night, it was difficult to view the night, and there was a point at a speed of 70 km or less per hour, so in such a case, there was a duty of care to prevent traffic accidents by driving a person engaged in driving a motor vehicle in compliance with the speed limit and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not discover the victim G (V, 40 years old) who was on the one-lane in the bend parallel of the bend parallel due to occupational negligence, which led to a speed exceeding about 25 km per hour, and did not find the victim G (V, 40 years old) and received the victim as the front part of the Defendant’s car.

Ultimately, the Defendant caused the victim's death by occupational negligence as a long-term damage to the victim's substance in the workplace.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Photographss related to each traffic accident ( image photographs, CCTV images for reading, benzs and site images, site images), and black benz video bents;

1. Report on internal investigation (Analysis of video records of benzing vehicles and CCTV images for vehicle reading);

1. Responses to requests for the analysis of traffic accidents;

1. Application of Acts and subordinate statutes to death certificates;

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. At the time of this case, the reason for sentencing of Article 334(1) of the Criminal Procedure Act, including the fact that the defendant was driving a vehicle at the one-lane of the two-lane in the central separation cost, and was at the night at which the defendant was driving the vehicle.

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