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(영문) 광주지방법원 장흥지원 2014.05.22 2014고단19

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of driving a C concrete mixed truck.

At around 15:00 on July 16, 2013, the Defendant driven the above vehicle, and had the front road at the entrance of the lower village at the Daegu-do, Daegu-gun, Daegu-do left directly from the lower-water bank at the lower-water bank.

Since there is a road in front of a village in which pedestrians' passage is frequent and it is the long-distance intersection of the first line, in such a case, the driver of the motor vehicle has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle, and to ensure that the driver of the motor vehicle has a duty of care to prevent accidents in advance by safely reporting the traffic situation on the front side.

Nevertheless, due to the negligence that the Defendant neglected driving while driving and driving the vehicle, the Defendant found the victim D (hereinafter referred to as 88 years of age) to walk up the road to the right side from the left side of the vehicle driving direction of the Defendant, and proceeded beyond the center line to the left side of the moving direction while getting out, while the said vehicle proceeds to the right side rapidly by cutting down the vehicle into the left side, the victim's head part was shocked with the front part of the vehicle.

Ultimately, around November 21, 2013, around 04:36, the Defendant caused the victim to die by occupational negligence, such as sexual cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrala, cerebral cerebral cerebrala

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

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

1. Medical opinion, death certificate, and result of medical examination and treatment by a doctor in charge of a patient;

1. Application of Acts and subordinate statutes to an accident photograph, on-site photograph, and photograph of the deceased;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

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

1. The defendant's negligence in sentencing of Article 334(1) of the Criminal Procedure Act.