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(영문) 대구지방법원김천지원 2020.11.11 2020고단452

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of the Grand Cross Cargo Vehicle B.

On January 30, 2020, the Defendant driven a four-lane change from three lanes to four-lanes in front of the tax office located in the Dong-si, Chungcheongnam-si, Seoul Special Metropolitan City, and continued to drive the said four-lane to the "export tower" on the side of the "Gu-U.S. B.," while driving the said four-lane change from three lanes to four-lane.

At the time of night, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle, such as taking a front door well, complying with the restricted speed, etc.

Nevertheless, the Defendant neglected this and received the victim C (Nam, 50 years old) who was on the four-lanes of the above four-lanes of the road as the front side of the above cargo vehicle.

As a result, the Defendant caused the death of the victim on January 30, 2020, at the emergency room of the E Hospital located in Dong-si, Chungcheongnam-si, North America, around 22:19, due to the above accident.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs and on-site survey reports;

1. A death certificate;

1. Application of Acts and subordinate statutes to investigation reports (attached photographs, etc.);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which led to the death of the victim due to the negligence that the defendant neglected his/her duty of care in advance.

However, the negligence of the victim, who was on the roadway after getting off the bus at night, seems to have been a significant cause for the occurrence of the instant traffic accident, and the defendant agreed to pay 30 million won to the bereaved family members of the victim and was covered by a comprehensive insurance policy. The defendant's occupation, character, environment, motive and circumstance of the crime.