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(영문) 창원지방법원 거창지원 2016.10.05 2016고단317
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 5,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bsch Rexton car.

On June 3, 2016, the Defendant driven the above vehicle at a speed of 103 km from June 3, 2016, to open the intersection of the distance in front of the Asia-gu, Chang-gu, Chang-gu, Seoul Special Metropolitan City at a speed of 103.3km each hour from the surface of the shooting distance to the surface of the parallel village.

At all times, there are vehicles running along the intersection as a long-distance intersection with no signal lights, so there was an obligation to pay attention to the driver of the vehicle thoroughly in front of the city, to reduce the speed of the vehicle and to prevent the accident from spreading safely.

Nevertheless, the defendant neglected this and failed to find the victim C(74 years old)'s driving at the opposite direction at the time when he proceeded to turn to the left at the speed of 103.3km more than 60km, which is a limited speed, and did not find the victim C(74 years old)'s driving, which was going to the left at the speed of the above crossing, and shocked the above vehicle with the driver's car.

Ultimately, at around 09:20 on June 3, 2016 of the same day, the Defendant caused the victim to die by low-tension shock, etc. in the E Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of the death diagnosis report (C);

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. 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 on the ground of sentencing of the provisional payment order led to a serious result of the death of the victim. However, the occurrence of the instant traffic accident is highly negligent by the victim, the vehicle driven by the defendant is covered by a comprehensive insurance, the vehicle operated by the defendant is covered by the comprehensive insurance, the payment of KRW 30 million is agreed with the victim's bereaved family, the defendant is the primary offender, and the defendant is sentenced to imprisonment without prison labor or heavier punishment at the present workplace.

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