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(영문) 창원지방법원 2017.12.07 2017고단3430
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of 6 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 C-3 car.

On August 7, 2017, the Defendant driven the said car at around 06:20, and driven the said car at around 127.4 km from the side of the Gu Community Center in the direction of the three-lane road in the 214-ro 200,00 in the direction of the city at the Changdo.

At this point, the maximum speed of restriction was set 70 km on national highways, and the victim D (66) was getting on and is proceeding with this bicycle in the front bank, so in such a case, there was a duty of care to safely drive the driver by complying with the maximum speed of restriction and by checking well the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and proceeded immediately to find out and avoid the bicycle driving by the victim who changed the course from the two-lane to the one-lane, while neglecting it and driving it in order to avoid it. However, the Defendant failed to avoid it, and received the rear wheels of the above bicycle as the front part of the said car.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the emergency room of the Changwon-si University Samsung Changwon Hospital, which is located in 158 as a 158-ro for the supply and treatment of the victim after August 7, 2017.

Summary of Evidence

The application of Acts and subordinate statutes to the traffic accident analysis report of each photograph of the defendant's legal statement and actual investigation report

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;

2. Selection of an alternative fine for punishment;

3. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which led to the instant accident, caused the Defendant’s negligence and considerable influence.

However, the victim also moved to one lane by driving the bicycle traffic method, and immediately after the accident, the victim's bereaved family members and their bereaved family members agree with each other, and they do not want the punishment of the defendant.

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