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(영문) 창원지방법원 진주지원 2017.11.01 2017고단638
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 of a motor vehicle at the fourth fourth city.

On July 8, 2017, the Defendant driven the said car at around 17:35, and tried to drive the said car to turn it back to the back side of the entrance of the home plug from the Sungcheon-si, Sacheon-si, Sacheon-si, the Defendant was not entering the parked vehicle and the vehicle coming from the heading to the side of the home plug, and the Defendant was proceeding to the upper speed of about 5 km at the speed and about 5 km.

At the same time, there are two houses, and people are frequent, and the victim G (68 tax) was accumulated at the corner of the road in the direction of the defendant's proceeding, so in such a case, the person engaged in the driving of a motor vehicle had a duty of care to live well on the front side and the left side, and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the defendant neglected this and got the victim who was accumulated at the corner of the right-hand side of the proceeding direction due to negligence, which led to the defendant's negligence, and received the front gate and front wheel part of the above car.

Ultimately, the Defendant caused the victim’s death by occupational negligence on the 10th 14:18 of the same month by multiple long-term damage at the Gyeongnam University Hospital located in Jinju-ro 79, Jinnam-si, Jinju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. Photographs of the victim;

1. Photographss of the Defendant’s vehicle booms images to cut down;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Selection of a selective fine (including the fact that the victim is responsible for the occurrence of the instant accident, the fact that the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, the fact that the bereaved family members agreed smoothly with the bereaved family members, and the first crime) of a selective fine for punishment;

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 provides that a provisional payment order shall be issued.

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