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(영문) 창원지방법원 2018.10.12 2018고단2080
교통사고처리특례법위반(치사)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a BYF small passenger car.

On June 17, 2018, the Defendant proceeded two lanes at the speed of 88 to 89 km each hour from the window of Changwon-dong, Changwon-si, the window C, the window of Changwon-si, the window C, the window of which is about 20:10 on June 17, 2018.

At the time, the surrounding situation was difficult, and in such a case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle by accurately operating the steering gear and the steering gear.

그럼에도 불구하고 피고인은 이를 게을리 한 채 차량 진행방향 좌측에서 우측으로 도로를 횡단하는 피해자 D(50 세 )를 미처 발견하지 못하고 그대로 운전한 과실로 위 차량 앞 범퍼 부분으로 피해자의 우측 다리부분을 들이받아 피해자의 상체를 위 차량 앞 보닛에 부딪치게 한 후 피해자를 도로 상으로 튕겨 나가게 하였다.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence by being escorted from Samsung Changwon Hospital located in Samsung Changwon Hospital located in 17, a 900-ro from the window Eup of Changwon-si, Changwon-si, to death with the 21:00 severe pain and the 21:00 severe damage on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report and an investigation report (for an accident scene):

1. A death certificate;

1. Application of Acts and subordinate statutes of each photograph (No. 5 No. 5 of the evidence list);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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 since the Defendant, while driving a motor vehicle, died by shocking the damaged person crossing the road, the criminal liability is not easy in light of the gravity of the result.

However, the defendant reflects his fault in depth.

At the time of an accident, the defendant is at night.

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