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(영문) 광주지방법원 목포지원 2015.06.18 2015고단419

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a string three cargo vehicles.

On March 25, 2015, the Defendant driven the above cargo vehicle around 07:17, and proceeded at a speed of about 50km from the eropic distance off the eropic distance to the eropic distance.

In this case, the driver of the motor vehicle had a duty of care to properly manipulate the front and rear left, to prevent the accident in advance by properly manipulating the steering gear of the motor vehicle.

Nevertheless, the Defendant neglected to do so and received the rear part of the Victim E (Age 73) driving, which was proceeding in the same direction from the front side of the Defendant’s invasion due to occupational negligence, as the front part of the said cargo vehicle.

Ultimately, at around 13:08 of the same day, the Defendant caused the victim’s death by occupational negligence, which led to the death of the victim, to the Gannam University Hospital in 42, Dong-gu, Gwangju, Dong-gu, Gwangju, to the Mandong-ro

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and field photographs;

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

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. Although there was a serious result that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the death of a victim, the defendant recognizes his negligence and reflects his/her will, the victim's bereaved family members agreed with the victim, the victim's bereaved family members want to have the prior domicile of the defendant, the defendant is covered by the comprehensive motor vehicle insurance, the defendant works for 20 years as a new military street cleaners and has been sentenced to imprisonment without labor or heavier punishment, the defendant has no record of criminal punishment, the defendant's age, character and conduct, and the defendant's age.