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(영문) 청주지방법원 충주지원 2015.08.12 2015고정11

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 driving of Cunst Pacific cargo vehicles.

At around 20:00 on July 31, 2014, the Defendant continued to proceed directly to the Si and the Si and the Si and the Si and the Si and the Si and the Si and the Si and the Si and the Si and the Si and the Si and the Si and the Si and the Si and the Gu and the Si and the Si and the Gu and the Gu

At the same time, there was a road with two lanes in which it is difficult to secure the view at night, so in such a case, a person engaged in driving service has a duty of care to accurately operate and drive the steering wheel and brake system by properly examining the boom and the left and right.

Nevertheless, due to the negligence of neglecting this, the defendant's left-hand side of the bicycle driving G (68 years old, female) where he saw a road on the left-hand side from the right-hand side of the direction of the defendant's vehicle to the front side of the defendant's vehicle.

Ultimately, the Defendant caused the death of a bicycle driver G by occupational negligence as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Sending the actual survey report and the comprehensive traffic accident analysis report, and on-site photographs;

1. A body autopsy (a copy) (the defendant and his defense counsel could not anticipate the victim's unauthorized crossing, and therefore there was no fault of the defendant in the occurrence of the accident in this case. However, according to the evidence above, the defendant was proceeding in one lane of the three-lane roads, and the victim was crossings the bicycle on the left side from the right side of the front direction of the defendant's running direction, so it seems that the defendant could have known the victim who opened from the three-lane road to the first lane. Accordingly, the accident in this case is recognized to have been caused by negligence by the defendant's neglecting his duty of front direction).

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

1. Articles 70(1) and 69(2)1.