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(영문) 대구지방법원 서부지원 2018.05.24 2018고단290
교통사고처리특례법위반(치사)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a vehicle for the use of SM6.

On December 6, 2017, the Defendant proceeded in front of the E cafeteria located in Daegu-gu, Seogu, Daegu-gu, with the four-distance outflow of this Ri from the west-gu at the lower stop.

At the time, it was difficult to see at night, so there was a duty of care to reduce the speed to those engaged in driving service, to live well on the right and the right and the right, and to drive safely.

Nevertheless, the defendant did not find the victim F (82 years old) who was crossing the road from the right side of the direction of the defendant's proceeding to the left side without properly examining the right side and the right side, and did not find the victim F (82 years old) who was driving the road, and shocked the victim by the front part of the defendant's vehicle.

Ultimately, at around 14:24, the Defendant’s occupational negligence caused the death of the victimized party in a Daegu KaTol University Hospital, which was 17:33-3, the Daegu Nam-gu Two-gu, Daegu-gu, Seoul-gu, to a multi-facel injury, such as the bones of the bones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. Blue video-recordinging images, photographs at the scene of the accident, and photographs of a changeer;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which is related to the pertinent criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 70(1) and Article 69(2) of the Criminal Procedure Act, which attracts the option of a fine, is that the instant crime causes a traffic accident due to a defendant’s negligence in the course of duty and causes the death of the victim, and that the crime is not less complicated in light of the importance of legal interests infringed upon.

However, the defendant's mistake is divided and reflected, and the victim also crosses the road of eight-lanes from the new wall time without permission, and the victim suffered the traffic accident in this case, there is no criminal history for the defendant, and there is no smooth agreement with the victim's bereaved family members.

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