교통사고처리특례법위반
Defendant shall be punished by a fine of KRW 8,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
The defendant is a person who is engaged in dump trucks driving.
On September 6, 2013, around 17:40, the Defendant, along with the “Duba Center,” located in Seocheon-si, Seocheon-do, 542-7, Mancheon-do, was going to the direction of the distance of the police box along the one-lane road.
In such cases, the driver of a motor vehicle has a duty of care to prevent traffic accidents in advance by accurately manipulating the steering gear, brakes and other devices of the motor vehicle and safely driving it.
Nevertheless, the Defendant neglected this and proceeded without finding out the victim C (94 years of age) who illegally crosses a bicycle from the right side of the Defendant's way to the left side, while driving the bicycle without permission, while neglecting it and driving the bicycle, and the Defendant received the victim as the above truck and served the right wheels to the right side.
Accordingly, the Defendant caused the victim's death by occupational negligence by low blood shock.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements prepared in D;
1. A traffic accident report;
1. On-site photographs;
1. Application of Acts and subordinate statutes of a death certificate;
1. Relevant statutory provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (Selection of Fines - Defendant’s negligence that resulted in a serious result of the death of the victim, taking into account the following: (a) the Defendant’s responsibility is unlimited; (b) the primary criminal without any criminal power in the past; (c) the fault of the victim without permission was partially included; (d) the victim was covered by a comprehensive motor vehicle insurance policy; and (e) the victim’s bereaved family
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 of the provisional payment order;