(영문) 창원지방법원 거창지원 2015.04.01 2014고단368

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(영문) 창원지방법원 거창지원 2015.04.01 2014고단368

교통사고처리특례법위반

Text

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

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 of a fixed cargo vehicle C1 ton.

On September 1, 2014, at around 16:45, the Defendant operated the above cargo vehicle, and led to a road in front of the E, which is located in the Gyeongnam Development-gun, to proceed with a one-lane road at the surface of the area from the bend of the Csan Village.

In this case, the driver of the vehicle had a duty of care to operate safely by reducing the speed and operating the steering system and operating the steering system accurately.

Nevertheless, when the defendant neglected this and proceeded without reducing the speed of the vehicle, the defendant did not find the GObaba, which was driven by the victim F (79 years old) who entered the right side of the defendant's running direction from the upper right side of the defendant's running side, and received the front part of the above Obaba as the front part of the defendant's vehicle.

Ultimately, at around 10:26 on September 2, 2014, the Defendant caused the death of the victim due to low-tension shocks caused by non-abrupting and non-abrupt blood, while being receiving treatment at an ordinary university hospital located in 90, Jinju-dong, Jinju-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, and on-site photographs;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the death of the victim was caused by the instant crime, etc., constitutes an unfavorable circumstance.

However, the victim's negligence seems to have caused an accident.

The Defendant divided his wrongs, and agreed with some of the bereaved family members and the bereaved family members.

(b).

참조조문

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