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(영문) 대구지방법원 영덕지원 2015.12.23 2015고단254

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 driving a C low-est car.

On October 24, 2015, the Defendant driven the above vehicle at around 02:44, while driving the vehicle, followed by the first lane from the sloping side to the direction from the sloping side, the front two lanes of the E, located in D, Ulsan-gun.

At the time, it was difficult to secure the view due to night, so there was a duty of care to thoroughly see the left and right of the driver of the vehicle, and to prevent the accident in advance by accurately manipulating the steering gear, brakes, etc.

Nevertheless, the Defendant neglected this and parked the cargo vehicle on the two-lanes right side of the running direction due to the negligence of driving the vehicle, and received the victim F(54 years old) from the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant caused the death of the victim F(54 years of age, South) from the two parts of the job by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A written result of autopsy;

1. The application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, the annual investigation and the actual survey report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act on the detention of the workhouses is the very serious consequence of the death of a person due to traffic accidents. However, at the time of the occurrence of the traffic accident, the victim appears to have been in the vicinity of one lane traveling at a relatively rapid speed, and at the time of the occurrence of the traffic accident, the driver seems to have been significantly difficult to secure the view at night, and thus, the victim's fault appears to be considerable in the occurrence of the traffic accident. The Defendant agreed with the victim's bereaved family members, and H, the victim's wife, also submitted a written application to request the Defendant's wife.