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(영문) 제주지방법원 2019.06.27 2019고단318
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Category B vehicles.

On December 23, 2018, the Defendant driven a vehicle on December 11:58, 2018, and proceeded with the signal cross in front of the D Brokerage Office located in Jeju, with the crosssection in front of the D Brokerage Office.

At that time, since the intersection signal is installed, the driver of a motor vehicle has a duty of care to drive the motor vehicle in accordance with the signals displayed by the signal apparatus, but the defendant, by negligence, has a driver of a motor vehicle go beyond the road floor in order to avoid a collision with the above vehicle, a driver of a motor vehicle, who is driving by the victim E (the age of 44) who is straighted in accordance with the signals from the long-distance protection of the massage public health clinic to the interlosofting surface when he or she violated the signal signal, with a view to avoiding a collision with the above vehicle. Accordingly, the victim's body was shocked in front of the right side of the above vehicle.

Ultimately, after the above occupational negligence on December 26, 2018, the Defendant caused the death of the said victim, who was receiving a post-patient treatment in the G Hospital’s middle-patient care room, due to the multi-life long-term injury.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the Acts and subordinate statutes governing visual CDs, such as a traffic accident history report, accident camera, accident scene photograph, accident scene photograph, practical survey report, internal investigation report (verification of the accident site), photograph, internal investigation report, investigation report (verification of the signal cycle in the accident site), signal cycle tag, signal frequency tag, signal cycle photograph, death cycle photograph, death certificate, fronter photograph, witness vehicle image image and signal signal;

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

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed in violation of signal and causing a traffic accident to cause the victim's death.

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