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(영문) 대전지방법원 논산지원 2018.01.16 2017고단658
교통사고처리특례법위반(치사)
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a sports cargo vehicle.

On April 14, 2017, the Defendant driving the above cargo vehicle around 06:20 on the 06:0 on the 14th day of the 2017, and then, the Defendant proceeded along the E road along the two-lanes from the riverside to the string side of the road.

At the time, it is night, and there is a road with a statutory speed of 80 km/h, so there was a duty of care to prevent accidents by complying with the speed limit and driving.

Nevertheless, the Defendant neglected to do so and led to approximately 109 km/h of speed exceeding 29 km, and caused the Defendant to turn to the left from the surface of the f (77 Dose) drive of Gpool rice treatment plant, the right side of which is the direction of the Defendant’s progress, to the front side of the freight to be cut to the Defendant’s driver’s vehicle.

After all, the Defendant caused the death of the victim due to the above occupational negligence, such as the symptoms of diverosis surgery due to the multi-diverosis during the transfer of hospital around 07:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

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

1. Requests for the analysis of the speed of traffic accidents and replies to the analysis of traffic accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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