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(영문) 대전지방법원 홍성지원 2018.04.18 2018고단80
교통사고처리특례법위반(치사)
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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

On January 22, 2017, the Defendant, who is engaged in driving C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-W-C-C-C-C-C-C-C-C-

At the same time, the victim F (89 tax) was driving on the front side of the foregoing vehicle. In such a case, the driver of the vehicle had a duty of care to prevent the accident in advance by accurately manipulating the steering system and the steering system and operating the steering system in a safe way.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering gear and brakes, but changed the lane to the opposite part in order to overtake the victim, and received the left part of the bicycle driven by the victim who changed the lane to the opposite part of the time, in front of the right part of the above vehicle.

As a result, the Defendant caused the death of the victim by occupational negligence by the following: (a) at a single university hospital located in 201, South-dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) the Defendant caused the death of the victim due to unknown symptoms at a single university hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning G;

1. A traffic accident report, on-site inspection report, and on-site photographs;

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

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 punishment and fine of 7 million won (the first offender, the erroneous recognition of and reflects the determination, the fact that the abnormal operation of the victim who changed the lane of the first offender, without any special reason, contributed to the considerable portion of the accident, the fact that the victim's age and health status seems to have affected the death, and the fact that the victim's age and health status were smoothly agreed with the bereaved family members, etc.);

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

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