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(영문) 창원지방법원 마산지원 2018.06.21 2018고단437
교통사고처리특례법위반(치사)
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Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Criminal facts

The defendant is a person who is engaged in driving of a low-speed car.

On November 21, 2017, the Defendant driven the above car at around 06:00, while driving it along a two-lane road in the Changwon-si, a member of Changwon-si, which is located in the Eup/Myeon-ro of the Eup, along a one-lane to the police box from the ring side of the bus stop.

At that time, the Defendant had a duty of care to prevent accidents by driving a motor engine device that the victim C (65 tax) drives ahead of the same direction followed by the bicycle, and thus, a person engaged in driving of a motor vehicle had a duty of care to prevent accidents by accurately manipulating the steering gear and brakes.

그럼에도 불구하고 피고인은 이를 게을리 한 채 그대로 진행한 과실로 피고 인의 차량 왼쪽 앞 범퍼 부분으로 피해자의 원동기장치 자전거 뒷부분을 충격하였고, 그 충격으로 튕겨 나가 반대 차로로 넘어간 피해자의 원동기장치 자전거를 때 마침 반대 차로 1 차로를 정상 신호에 따라 직진하던

E The driver's license of the driver's license of the driver's license of the driver's license of the driver's license of the victim's license of the victim's license of the victim's license of the driver's license of the victim's license of the victim.

Ultimately, the Defendant caused the victim C’s death by occupational negligence as a long-term damage to the victim C at the site.

Summary of Evidence

1. Statement by the defendant in court;

1. A corpse inspection certificate for C;

1. Application of Acts and subordinate statutes to photographs, on-site photographs of traffic accidents, and photographs of accident vehicles by checking the actual condition of a survey report, capturing images of the accident vehicle;

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. Selection of an alternative fine for punishment;

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

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act, the victim died due to a traffic accident caused by the Defendant, the Defendant violated the speed-limit signal at the time of the accident.

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