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(영문) 청주지방법원 충주지원 2017.11.03 2017고단741
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 27, 2017, at around C:09, the Defendant driven a lived vehicle of the CAstrost on the 20:09, and turned down two lanes in front of the E oil station in Boh City D at Boh City, along the direction of the volcanic distance from the distance of new installation to the two lanes.

At the time, street lamps are not installed at night, and the surrounding area was kept. In such a case, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering gear and brake system of the motor vehicle and to safely drive the motor vehicle by taking into account the traffic situation on the front side and right side.

Nevertheless, while the Defendant neglected such duty of care, he was driving a 100 Oral 100 Oral Ba in the front direction of the Defendant’s proceeding, and was found late behind the Victim F (57 Do) that was located on the road alone, and did not avoid it, and did not go against the Defendant’s chest with the front left side of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to die with a tension caused by the cutting of cage at 20:57 on the same day at around 20:57 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. The driver's license ledger of the victim F;

1. The driver's license ledger and the driver's license ledger;

1. Family relation certificate (F);

1. A death diagnosis certificate (F);

1. Written appraisal of fingerprints;

1. A copy of a medical record;

1. Evidence of each seizure, protocol of seizure and list of seizure;

1. Request for a warrant of search and seizure, or for autopsy;

1. Each request for appraisal, reply to requests for appraisal, and written genetic appraisal;

1. A traffic accident analysis and appraisal report;

1. A response to a request for appraisal and a written appraisal of autopsy;

1. A report on the detection of a primary driver;

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes to a report on investigation (examination of the suspect's station and possibility);

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of a person resulting from occupational negligence), the selection of a fine (the crime of this case) concerning criminal facts.

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