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(영문) 대구지방법원 2015.08.20 2015고단2622
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 9,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a vehicle of QM3.

On April 4, 2015, the Defendant driven the said car at around 09:00, and proceeded at a speed of about 73 km in Si/Gu, depending on two-lanes of the two-lane road near the 500-lane adjacent to the front intersection, which is located in the Cheongdo-gun, Cheongdo-gun, Chungcheongnam-do-do.

Since the victim E (the 71-year-old) is driving ahead of it, there was a duty of care to safely operate the steering service by accurately manipulating the steering and steering gear.

Nevertheless, the defendant neglected this and got the victim to go beyond the ground by receiving the back part of the loading box of the above light flag as the front part of the above passenger vehicle due to negligence.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the Yong-Namnam University Hospital located in 170, Nam-gu, Daegu-gu, Daegu-ro, 21:22 on the same day due to the death of the victim due to the cerebral liver function disorder caused by acute trauma.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Notification of results of the traffic accident investigation and analysis;

1. Application of the Acts and subordinate statutes to the report on the occurrence of traffic accidents and the actual survey report;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the order of provisional payment has resulted in the death of the victim due to the negligence on the part of the defendant's driving.

However, the fact that the defendant repents and reflects the wrong, that the defendant agrees with his bereaved family members, that the driver's vehicle has been covered by the comprehensive motor vehicle insurance, that the defendant has no record of criminal punishment, and that the defendant has not been subject to this case.

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