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(영문) 대구지방법원 경주지원 2019.06.26 2019고단123
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 the operation of the Grandroth in B.S.

At around 16:50 on April 5, 2018, the Defendant driven the above van, while driving the front of the D, which is in C, at the time of racing, left left to the Fside from E to Fside.

In this case, the driver of the vehicle has a duty of care to safely drive the vehicle and prevent the traffic accident in advance by driving the vehicle safely, such as driving, temporarily stopping, etc. in front of the teaching school, because the house is located in a single road without the classification of car lanes, and the students of the English teaching school frequently have been in front of the entrance.

Nevertheless, the Defendant neglected to do so and led the victim G (seven years of age) coming to road from the English teaching school, which is located on the right side of the course, to the right side of the Defendant’s driver’s operation, and charged the victim with the back wheels to the right side of the above passenger.

Ultimately, around April 5, 2018, the Defendant caused the victim to die due to the cerebral cerebral cerebral injury in the I University race hospital located in H in the racing of the I University on April 5, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a actual survey report;

1. A death certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is clear that the sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order has resulted in a very serious consequence as the victim died.

However, in addition to the basic sentencing factors, such as the background leading up to the instant accident and the degree of negligence of the defendant, which can be confirmed by the analysis of the records of the instant case and the investigation agency, the defendant is also the bereaved family and the criminal defendant.

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