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(영문) 대구지방법원 안동지원 2016.04.22 2016고단24
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM7 car.

On December 1, 2015, the Defendant driven the above car at around 17:40 on December 1, 2015, and led the front road C to the direction of the Pung market in the direction of Eari-dong.

At all times, there is no narrow and narrow road width and there is no citizen living on the side of the road, so the defendant engaged in driving of the motor vehicle has a duty of care to reduce speed and to properly see whether there is no person driving the motor vehicle, and to safely drive the steering and brakes by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and found the victim D (the age of 87) who was moving a handcon from the right side of the road on which the Defendant was running, leading the handcon on the right side of the running direction of the Defendant, and operated the hand to the left side to avoid this, but did not avoid the handcon, and did not go beyond the floor by shocking the damaged part of the part before the right side of the said car.

Accordingly, the Defendant caused the death of the said victim by occupational negligence at the F hospital located in Ansan-si E, Adong-si, where he was under the treatment of transmission after around 12:18, December 2, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, each actual survey report, and each photograph;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. A favorable circumstance and the victim's traffic accident of this case, such as the fact that the defendant recognized and reflecteds the crime for the reason of sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order, that the defendant agreed smoothly with the bereaved family members of the victim, that there was no criminal history of the defendant, and that the vehicle operated by the defendant was covered by a comprehensive insurance policy.

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