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(영문) 창원지방법원 마산지원 2018.05.29 2018고단319
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a CF car.

On January 22, 2018, the Defendant, around 20:25, proceeded with a road of approximately 40 km each hour from the front side of the west-gun, Gyeongnam-gun, Gyeongnam-do, to a three-distance distance distance from the front side of the mix-do.

At the time, it was difficult to view the night, and the driving direction of the Defendant’s vehicle was in progress in the same direction as the driving direction of the victim, so in such a case, the driver had a duty of care to look at the front and the right, properly, and accurately manipulate the steering and the right and the right and the right of the driver, thereby preventing the accident from occurring.

Nevertheless, the Defendant neglected to do so and found that the victim E (78 S) who was driving in the same direction as the vehicle driven by the Defendant due to negligence, was late behind the horse driven by the Defendant, and brought it into the left-hand side, but the Defendant did not stop, but did not stop, and used the front part of the vehicle loaded by the Defendant on the left-hand side of the vehicle loaded by the Defendant, on the floor of the said horse.

As a result, the Defendant caused the victim to die by his occupational negligence at around 00:02 on January 23, 2018, while receiving treatment at Samsung Changwon Hospital, the Defendant caused the death of low-blood shock shock and the blood mouth.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. On-site photographs of traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate to E;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, the victim died due to a traffic accident caused by the Defendant, the Defendant violated restricted speed signals at the time of the traffic accident, driving without obtaining a license, or driving without obtaining a license.

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