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(영문) 대구지방법원 안동지원 2019.07.16 2019고단182
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is engaged in driving of a stud Ⅲ.

On March 8, 2019, the Defendant, at around 19:05, driven the above van and got the front way of “D” located in “D” in “A” in the permanent residence of the Defendant, who was negligent in performing his duty of care and went through as it is, while neglecting his duty of care, from the Seocheon-gu, Seocheon-gu, the Defendant got the victim E (78 years of age) who was crossing the road at the place where he was on the part of his occupational negligence and went beyond the ground.

At around 22:45, the Defendant caused the death of the victim at G Hospital located in Ansan-si F on the same day due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. The application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, the actual survey report, the death certificate, and the investigation report;

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

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. A provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act led to a serious consequence that the victim cannot be able to die due to the instant crime.

Provided, That the victim is crossing the road at night while the pedestrian signal in the crosswalk is red.

The instant accident occurred.

The Defendant recognized his mistake as an initial offender with no criminal power, and was in deep reflects on his/her depth, and agreed with the bereaved family members of the victim.

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