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(영문) 창원지방법원 밀양지원 2017.11.23 2017고단405
교통사고처리특례법위반(치사)
Text

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 C-L car.

around 20:50 on July 19, 2017, the Defendant driven the said car and continued two-lanes from the Daegu to the Changwon, along the five-lanes of the national highways of the 5th National Road in the Doi-ri, Sin-si, Sin-si, Sin-si.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes.

Nevertheless, the defendant neglected this and proceeded ahead of it in the same direction as the defendant by negligence.

D (W, 47 years old) The back part of the Oral part without a license plate of driving was received as the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim E (at 40 years of age) who was on the part of the above error in the course of business as above, to die by a shock of impossible recovery by diversation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A survey report on actual conditions;

1. On-site photographs;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, based on the following circumstances and the Defendant’s age, environment, motive, means and consequence of the crime, and the circumstances constituting the sentencing conditions indicated in the records, such as the circumstances after the crime, shall be determined as ordered.

The circumstances at a disadvantage: The circumstances in which the victim died due to the defendant's breach of his/her duty of care are favorable: The fact that the failure to turn on the part of the preceding Otoba, etc. seems to have affected the occurrence of the accident, and the victim's bereaved family members are punished by the defendant.

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