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(영문) 의정부지방법원 2013.03.15 2013고단326

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 4, 2012, 14:48 on December 4, 2012, the Defendant operated D concrete mixed trucks, which led to the left-hand turn to the right-hand turn on the front side of the tegnocty 844 located in the tride 844 at both sides at both sides.

The place is a three-distance in which the traffic is controlled by the signal apparatus and the crosswalk is installed immediately after the left-hand turn, so in this case, there was a duty of care to safely turn the left-hand turn to the left and to properly care whether or not there is a person walking the above crosswalk, thereby preventing the accident.

Nevertheless, the Defendant neglected to make a left-hand turn to the right-hand turn of the above crosswalk and did not look well at whether there is a person walking the above crosswalk, and received the victim E (the age of 84) and F (the age of 78) who walked on the above crosswalk in accordance with the E-and-F (the age of 78) from the left-hand side of the truck.

Ultimately, the Defendant caused the victim E's death in the same job due to the above occupational negligence, and at the same time caused the victim F to suffer the victim F abundance of satisfaction, which requires approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An accident site photograph;

1. Application of Acts and subordinate statutes concerning autopsys;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 334(1) of the Criminal Procedure Act provides that the defendant's negligence on the ground of sentencing of Article 334(1) of the provisional payment order results in the severe result of the death of the victim E, the defendant's responsibility is unlimited, but the defendant has no previous conviction in addition to the fine before 30 years, the vehicle of this case is covered by a comprehensive insurance, and the defendant's bereaved family