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(영문) 대구지방법원 서부지원 2018.10.17 2018고단827
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by a fine of 20 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 7, 2018, the Defendant driven a G Jina car at around 07:15, and led to the intersection of the three-distance intersection in front of the traffic of the border in the 350-ro, Seog-gu, Seoul Special Metropolitan City, Taegu, to the west from the right side of the present city.

At that time, there is a place where the speed limit is 60 km per hour, so there was a duty of care to safely drive a person engaged in driving a motor vehicle by complying with the speed limit and checking the front side well.

Nevertheless, the Defendant neglected to do so and took part in the front part of the said car, which was driven by negligence going about about 102 km a speed exceeding a speed of 102 km.

Ultimately, the Defendant caused the death of the victim due to cerebral brain injury on the same day at around 08:07 on the same day due to occupational negligence, and at the same time, the Defendant suffered injury to the victim I (the 58-year old-age-old) who was accompanied by approximately 14 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an analysis report;

1. A postmortem report, a death certificate, and a medical certificate;

1. Application of each statute on photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that one victim dies and one victim suffered serious injury requiring medical treatment of 14 weeks due to the instant crime for the reason of sentencing of Article 334(1) of the Criminal Procedure Act; on the other hand, confession and reflects the Defendant; the time when the instant accident occurred; the current status of the instant road; and the state of the damaged flag, etc., in a situation where it is difficult for the Defendant to easily recognize the horse.

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