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(영문) 대전지방법원 논산지원 2019.04.26 2019고단118

교통사고처리특례법위반(치사)

Text

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

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 freight B and B.

On January 30, 2019, the Defendant driven the above cargo vehicle on January 10, 2015, and led C ahead of the Chungcheong City to the Ethm from the direction D.

The location was a nearby farmer, and the victim F (FF, South and 76 years old) was getting on bicycles in the front bank. In such a case, the driver of the motor vehicle had a duty of care to look at the front and rear left well and to prevent the accident by accurately manipulating the steering gear and the operation of the motor vehicle in advance.

Nevertheless, the defendant neglected this and neglected the part of the victim's bicycle rear side of the victim's bicycle driving which was prior to the direction of the defendant's progress by negligence, which led to the front right side of the cargo vehicle of the defendant.

Ultimately, the Defendant caused the victim’s death by occupational negligence as seen above, on the spot, due to a diversified damage, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of 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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: Circumstances which are favorable to the occurrence of the serious result of the victim's death: The victim's negligence appears to have occurred, the victim's bereaved family does not want the punishment against the defendant; the victim's bereaved family does not want the punishment against the defendant; and the defendant's age, character and conduct, environment, criminal records, criminal records, criminal records, circumstances after the crime, and all the sentencing conditions specified in the arguments of this case shall be determined as ordered by taking into account all