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(영문) 전주지방법원 군산지원 2016.11.30 2016고단922
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 D-cruise vehicle.

On August 12, 2016, the Defendant driven the above car on August 12, 2016, and driven the two-lane F in front of the F in E in the followingsan City, along the right-hand side of the above road from the yellow light to the booming side.

In this case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by keeping the front left left well and observing the restricted speed.

Nevertheless, the Defendant neglected to do so and proceeded without saving the front door and without reducing the speed, and was negligent in crossing the road to the port from the right side of the direction of the Defendant’s running, and received the victim G (Y, 72 years old) who crossed the road to the right side of the direction of the Defendant’s running.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at an emergency medical center of the Kugwon University Hospital located in 895 in 14:57 the same day, such as external shock, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A survey report on actual condition, an accident-related photograph, and a written request for appraisal;

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 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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant caused the instant accident by negligence that the defendant neglected his/her duty at the time of front-time and caused the death of the victim, which eventually led to the death of the victim, and that the defendant separates and reflects the defendant's mistake, the victim's negligence who illegally crossed without permission without confirming that the pedestrian signal, etc. was red, also caused the occurrence of the instant accident or the expansion of damage, the victim's bereaved family members and the first offender.

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