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(영문) 대전지방법원 서산지원 2017.03.03 2016고단894
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On November 8, 2016, the Defendant driven the said vehicle at a speed of 84.33km per hour from the west to the west beach at the speed of 84.33km from the west, the west-gun, the west-gun, the west-gun, the west-gun, the west-gun, the west-gun, the west-gun, the west-do 631 Intersection.

There is a duty of care to prevent accidents by accurately manipulating the steering direction and brakes while complying with the speed limit, since the speed of restriction is 40 km as an intersection of the shooting distance where the construction of the galan road is in progress. Therefore, the driver of the motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes.

In such a situation, the Defendant neglected his duty to maintain the speed of 44.3 km above speed of 84.33 km above speed of 44.33 km, and due to the negligence of running the said speed at the speed of 84.33 km above speed, the Defendant received the part on the right side of the scooter driving the said ecoo as the front part of the Defendant’s vehicle.

In the end, the Defendant caused the death of the victim due to the brain paralysis and the cardiopulmonary suspension in the same place of business due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, G and F;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police with regard to F;

1. A traffic accident report;

1. Application of the Acts and subordinate statutes to replys by conducting corpse inspections, photographs related to traffic accidents, road construction reports, traffic accident analysis reports;

1. Relevant legal provisions concerning 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, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances that are disadvantageous to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: Circumstances that are favorable to the occurrence of serious consequences of the victim's death: The fact that the victim's negligence appears to have contributed to the occurrence of traffic accidents or the expansion of damage, the fact that the victim's bereaved family members have agreed with the victim.

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