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(영문) 청주지방법원 충주지원 2019.10.16 2019고단447
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The Defendant is a person engaging in driving a rocketing taxi.

On April 28, 2019, at around 02:27, the Defendant driven the above vehicle and proceeded at a speed of about 75 km at a speed of 75 km, depending on the two-lanes from the surface of the sports museum distance to the surface of the court.

At the time, there was a night, and there was frequent passage of people around the sixth line of commercial buildings, so in such a case, there was a duty of care to prevent accidents in advance by driving safely, such as complying with the speed limit to those engaged in driving business and living well at the front.

Nevertheless, the defendant neglected this and neglected to neglect the Jeonju-si and proceeded about 60 km a speed exceeding 15 km a speed of her speed, so the victim E (the age of 46) who dried the road to the right side on the left side of the Madung-gu, and used it on the floor by taking the front part of the defendant's vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the F Hospital, which was under the follow-up treatment at around 04:45 on April 28, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. The actual condition survey report;

1. Protocol of inspection (E);

1. Inquiry into the enemy;

1. A death certificate (E);

1. An accident site photograph;

1. Photographs of a deceased person;

1. Blucs Trabbbs video CDs in traffic accidents;

1. Taking photographs and explanation at the scene of the traffic accident;

1. Application of Acts and subordinate statutes to CCTV CCTVs in traffic accidents ( CCTVs in neighboring commercial buildings at accident points);

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and 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 of the provisional payment order is that the defendant driving a motor vehicle constituting the crime as indicated in the judgment at a speed of about 75 km/h above a speed of 60 km, which is a limited speed, resulting in the instant accident.

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