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(영문) 대전지방법원 서산지원 2013.03.14 2012고단719

교통사고처리특례법위반

Text

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

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 driving a BM3 car.

At around 20:50 on May 29, 2012, the Defendant driven the above vehicle, leading one way ahead of the “agricultural machinery more than the Gu” located in the Mansan-Seoul Metropolitan City, Chungcheongnam-do, Chungcheongnam-do, to the way from the intersection to the intersection at an indefinite speed.

At the time, there is a night and where the passage of agricultural machinery, etc. is frequent in the vicinity of the farm, so the defendant engaged in the vehicle driving duty has a duty of care to thoroughly see the front-round speed and accurately manipulate the steering system, steering system, etc. of the vehicle and prevent the accident from occurring.

Nevertheless, the Defendant was found to have been in front of the head of the vehicle in front of the Defendant, who was the victim C(77 years of age) who had been driving ahead of the same direction due to the negligence of neglecting this and driving the agricultural machine in the same direction.

In the end, the Defendant caused the death of the victim due to cerebral cerebral ma, around 05:39 of the same month while the Defendant had the victim receive treatment at a hospital due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. Each photograph;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Selection of a selective fine for punishment (the occurrence of a serious consequence of the death caused by a traffic accident, but the vehicle is covered by a comprehensive insurance and its bereaved family members agree with the victim's bereaved family members and their bereaved family members agree with the victim's priority, recognizing the initial crime and reflects the fact that it is a public official's status, etc.);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.