(영문) 창원지방법원 2018.06.20 2018고단995

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(영문) 창원지방법원 2018.06.20 2018고단995

교통사고처리특례법위반(치사)

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

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

Reasons

Criminal facts

On February 13, 2018, the Defendant, who is engaged in driving of CNS CF car, driven the above car at a speed of about 9.8 km in the speed of about 9.8 km in the city, depending on the two-lanes between the two-lanes of the road in the middle of the 774-lanes of Changwon-si, Changwon-si, Sungwon-si, Seoul, as a member of the Changwon-si, will drive the above car at a speed of 04:00,000, and will drive the front road of the shooting distance of the 774 Sungwon-si, Changwon-si, Seoul, as it is.

At the time, there is a night, there is a signal at that time, and a place where the signal should be operated at a speed of 70 km per hour, so in such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by complying with the speed limit according to the new code.

However, the Defendant neglected this and failed to discover the victim D(76) who was leading the pedestrian red signal to the right side from the left side of the course of the Defendant, leading the pedestrian red signal to the right side, leading the pedestrian red signal, leading the crosswalk to the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the prolonged damage of the chest body in the workplace around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes to traffic accident analysis reports;

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

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which include: (a) the Defendant’s mistake in depth and reflects his fault; (b) the Defendant has agreed with the victim’s bereaved families; and (c) the means and result of the instant crime; (d) the circumstances after the commission of the crime; (b) the Defendant’s age, sexual conduct, intelligence and environment; and (c) various conditions of sentencing indicated in the pleadings, including criminal records and arguments.

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