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(영문) 광주지방법원 2013.06.14 2013고단1421

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of eight million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B 14 tons truck.

On January 23, 2013, the Defendant driven the above truck on the 14:18th day of January 23, 2013, and sent a signal to the South Korean Medical Center in front of the South Korean Medical Center, which is in the name of the deceased, from the 88 Olympic Expressway to the South Korean Expressway, along the two-lanes from the 3rd way to the 88 Olympic Expressway.

At all times, crosswalks are installed on the front door, so even if the vehicle progress signal is changed to green, the defendant engaged in driving service has a duty of care to see whether there is a pedestrian or not, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and instead received the victim C (the age of 63) who was a victim C (the age of 63) with the front part of the truck driving by the Defendant, with the rear wheels.

Ultimately, the Defendant caused the death of the victim due to the damage of diversification while transferring the victim to a hospital located in the Jeonbuk-si, on January 23, 2013, around 16:48.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. A traffic accident report;

1. A written result of autopsy and postmortem examination;

1. Investigation report (related to a traffic accident);

1. Application of the Act and subordinate statutes to a investigative report (to hear statements by police officers in call of the instant case);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

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

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act for the order of provisional payment seems to have been partly erroneous for the victim in the occurrence of the instant accident. In addition to the punishment of a fine of KRW 500,000 due to the violation of the Road Act in 2010, the instant vehicle is admitted to the Freight Financial Cooperative, and the Defendant is the victim.