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(영문) 대구지방법원 의성지원 2019.05.09 2019고단80
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 a person who is engaged in driving a B-to-car vehicle quantity.

On March 26, 2019, the Defendant driven the above vehicle at around 19:00, and led to a 914 local highway located in 404, Cheongsong-gun, Cheongsong-gun, Cheongsong-gun, Chungcheongnam-gun, Chungcheongnam-do, to the king-si, Cheongsan-do.

At the time, the road was in front of the community hall where the center line of the yellow-ray was marked at night, so the defendant engaged in the driving of the motor vehicle had a duty of care to prevent accidents by checking well the right and the right and the right and the right of the motor vehicle without the center line.

Nevertheless, when the defendant neglected the duty of Jeonju City and proceeded with the center line due to the negligence, he received the right side side part of the victim C(Y 77 years old) who crosses the above road from the left side to the right side, and received the front part of the vehicle.

Ultimately, at around 19:58 on the same day, the Defendant caused the victim’s death by the occupational negligence as above, such as scambling, cutting the bones of dye, dyebranes, etc. at the E Hospital located in Chungcheongnam-gun D, Chungcheongnam-gun, Chungcheongnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, the actual survey report, the site photographs of accidents, and the death certificate;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive, means and consequence of the crime, etc., under the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case

The crime of this case is that the victim who was walking along a crosswalk is shocked by the central line while driving a bend road at night.

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