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(영문) 대구지방법원 서부지원 2017.05.19 2017고단80
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a vehicle BM518.

On November 1, 2016, the Defendant driven the above car at around 10:00, and proceeded with the two-lanes of the D Hanwon road in the Daegu-guned District of Seoul along the three-lane road in front of the D Hanwon road in the Daegu-guned District of Seoul.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering and steering system and to prevent accidents in advance by safely operating the steering and steering system.

Nevertheless, the Defendant neglected this and led the bicycle to the right side and found the victim E(82) who was unauthorized to cross the above road at late, and got the victim's bicycle back to the road after the left side of the car driving of the Defendant.

Ultimately, the Defendant caused the victim’s death by occupational negligence on November 20, 2016, in the course of hospitalization at F Hospital located in Daegu-gu, due to the mouths at the bottom of the necessary frame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A protocol of autopsy and a medical certificate of death;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Criminal Act concerning criminal facts (see, e.g., Supreme Court Decisions 201Do1148, Apr. 1, 201; 201Do1144, Feb. 21, 201)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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