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(영문) 대전지방법원 천안지원 2015.01.22 2014고단1212

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On June 9, 2014, at around C5 tons, the Defendant driven a body truck at C5 tons, and turned back from the front side of the Cheongcheon-dong, Chungcheongnam-gu, Chungcheongnam-gu, Seocheon-gu to about 10km of an apartment room from the Cheongsan-dong, Chungcheongnam-gu. In such a case, the Defendant confirmed whether a person engaged in driving a motor vehicle has a pedestrian or not by checking the rear side and the left side of the motor vehicle, and caused the victim D (the age of 91) who walked along the above side road at the rear side of the motor vehicle of the above defendant due to the negligence of neglecting the duty of care to prevent the accident by driving safely and safely, and caused the victim's death by damage from among the damage caused by fluenite University Hospital located in the 19:25 on the same day to the rear side of the vehicle of the above defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. The application of Acts and subordinate statutes to a survey report on actual condition, an accident site photograph, a photo of the deceased, and a corpse inspection report;

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

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

1. The result of the instant accident on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is significant. However, the Defendant has no record of punishment in addition to a fine for a minor fine, and has led to the confession of the crime, as well as the establishment of a nationwide trucking Financial Cooperative, and the victim’s bereaved family members and their bereaved family members have agreed to do so, the Defendant shall select a fine among the prescribed penalty and determine the same type as the order.