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(영문) 전주지방법원 군산지원 2018.11.07 2018고단1075
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On July 31, 2018, the Defendant driven the above car at around 05:45, and proceeded with the first road in front of the entrance of the new village located in 1825, 1825, 1825, at the time of Gunsan, at the speed of 94.2 km in the direction of the city in the direction of Kim Jong-do.

There is a road where the center line of yellow power lines with a speed of 60km per hour, and the ECA 110 Oba, which is driven by the victim D (77 cc) in the front section at the time, is proceeding. Therefore, the Defendant engaged in driving duty has a duty of care to safely operate the steering and steering system by complying with the speed limit and properly operating the steering and steering system by accurately manipulating the steering and steering system.

Nevertheless, the Defendant neglected to do so and went to turn to the left in the direction of the opposite village due to the negligence of leaving about 34.2 km in speed to overtake the victim's driver's above right-hand side of the driver's operation, which entered the opposite lane in order to turn to the left-hand turn in the direction of the opposite village, received the part on the left-hand side of the victim's driving in front of the car.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the Giwon University Hospital Hospital located in 895, Yari-si, Yasan-si around August 1, 2018, around 00:19, due to the death of the victim due to the cardiopulmonary function.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the occurrence of a traffic accident, report on a traffic accident, photographs of the scene of the accident and the accident vehicle, photographs of the speed limit signs at the scene of the accident, death medical certificates, and notification of the results of the analysis of the traffic accident shall be applied;

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. A injured person due to the negligence of the defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act.

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