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(영문) 대전지방법원천안지원 2020.12.14 2020고단2535
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a car in BNS GV80.

On July 20, 2020, the Defendant driven the above car on July 11:45, 2020, while driving the car, the Defendant was driving at a sloping speed in the direction of the king-ri in the direction of the king-do king-ri, Seongbuk-do.

At that time, there is an intersection where a red on-and-off signal is installed. In such cases, when there is a stop line or crosswalk, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle to prevent accidents by driving the motor vehicle in advance, such as by temporarily temporarily stopping the front line or crosswalk immediately before it or intersection, and by accurately operating the steering line and brake system, and driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and followed the Defendant’s negligence to keep it on the right side of the victim C (WHJ10T-7E motor vehicles of 82 years old) driving in compliance with yellow on and off signal from the right side of the Defendant’s running direction, which led to the Defendant’s driver’s right side of the victim C(WHJ10T-7E motor vehicles).

Ultimately, at around 12:20 on July 26, 2020, the Defendant caused the death of the victim due to brain paralysis at the F Hospital located in Pyeongtaek-si E.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A death diagnosis report, field photograph, and on-site photograph;

1. Application of Acts and subordinate statutes to 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

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

3. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.

1. The scope of punishment by law: A fine not exceeding twenty million won;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply by selecting fines.

3. The defendant who is sentenced to the sentence is driving a motor vehicle;

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