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(영문) 전주지방법원 2018.05.15 2018고단173
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

The defendant is a person who is engaged in driving a car at C.

On January 5, 2018, at around 07:07, the Defendant proceeded at a speed of about 60 km from the Kim Jong-si to the speed of about 50 km in the city, depending on the front letter of the EPG charging station D in front of Kim Jong-si.

At the time, there was an excessive speed, and there was a duty of care to prevent accidents in advance by ascertaining whether a person engaged in driving of a motor vehicle was a person to reduce speed and to see it well.

Nevertheless, the Defendant was faced with the victim F(84) who was standing on the front side of the direction while driving while neglecting his duty of her front-way and was negligent in not operating the brake and steering gear properly.

Ultimately, around January 6, 2018, at around 14:06, the Defendant caused the above victim’s death by the foregoing occupational negligence, such as external shock shocks at the nuclear power colleges teaching staff and the emergency medical center at the university hospital and college hospital of the nuclear power plant of the nuclear power plant of the nuclear power plant of the nuclear power plant of the nuclear power plant of the nuclear power plant.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Evidence photographs;

1. A death certificate;

1. Application of Acts and subordinate statutes to the investigation report;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which led to the death of the instant criminal act.

However, the fact that the defendant agreed with the bereaved family, that the defendant is the first offender, that the defendant is one-lane between the two-lanes at night, and that the victim is also responsible for the occurrence of the traffic accident, that there is no circumstance that the defendant violated speed or violated the traffic laws and regulations.

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