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(영문) 전주지방법원 2018.01.30 2017고단2031

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On August 8, 2017, the Defendant is a person who is engaged in driving D 4.5 tons truck. On August 8, 2017, the Defendant was driving the said truck in front of the road near the 85-lane of the Geumsan-si, Geumsan-si, Kim Jong-si, and driven the said truck along the two-lanes of the two-lanes from the gold-gu to the front Eup bank.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents by properly manipulating the traffic laws and regulations and properly operating the steering direction and brakes.

Nevertheless, if the defendant did not fulfill his duty of care, the defendant was in front of the defendant.

E No. N.S. car has entered from its front section to its safety site.

F By fault that was found later and later found to be driving on the left side of the first car, it caused the death of the victim G ( South, 61 years old) who was on the last car by receiving the said fourth car from the said fourth car after receiving the said fourth car, and caused the death of the victim G ( South, 61 years old) who was on the last car due to the shock of the second car to a medical institution.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. A traffic accident report (1), (2) (actual survey report and on-site map);

1. Notification of results of traffic accident analysis;

1. Application of Acts and subordinate statutes to death certificates;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act was agreed with the victim on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, and the vehicle in question was covered by a comprehensive insurance, the vehicle in question on the part of the victim was caused by the vehicle of the defendant, while the vehicle on the part of the victim rapidly reduces the speed through the road access and enters the safe place, and the vehicle in question was caused by the vehicle of the defendant on the other hand.