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(영문) 대구지방법원 경주지원 2014.12.10 2014고단739

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 business of driving modern 5 tons' grassland trucks.

On August 16, 2014, at around 04:15, the Defendant driven the above truck and proceeded at a speed of about 50 km from the front side of the racing-dong market, which is in the Sungdong-dong-dong-dong-dong-si, to the speed of about 50 km per hour, depending on one lane towards the racing-based market.

At the time, there was a new wall, and there was a crosswalk where signal lights are installed on the front door, so there was a duty of care to check whether there was a person engaged in driving of a motor vehicle to reduce speed and to check the front door well, and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and found the victim C (year 55) who was crossing the right side of the crosswalk from the left side of the Defendant’s proceeding to the right side on the red pedestrian signal, etc. by negligence, and did not avoid it, and received the victim as the front side of the above truck.

Ultimately, the Defendant caused the death of the victim by occupational negligence, such as a tension and scarcity.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of each police statement of D and E;

1. Report on the occurrence of a traffic accident, report on the occurrence of a traffic accident, report on the occurrence of a traffic accident, report on actual condition, 23 copies of survey report on the scene, physical autopsy report, 10 copies of body photographs, report on death, vehicle driving license, register of vehicle driving licenses, car inquiry, investigation report (Attachment to speed recording records), investigation report (Attachment to a certificate of subscription to a mutual aid association), certificate of subscription to a mutual aid association, written agreement, notice on assignment of claims, family relation certificate, application of statutes governing the certificate of

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. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.