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(영문) 춘천지방법원 2016.11.29 2016고단1027

교통사고처리특례법위반(치사)

Text

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

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 of B Coinccom.

On July 28, 2016, the Defendant driven the above van on July 28, 2016 and entered the road at the construction site of the new kindergarten in the front of Chuncheon City by making the left turn to the left.

Since there is a place where the body is working at the construction site, a person engaged in driving service has a duty of care to prevent accidents in advance by driving the front door and the left and left well.

Nevertheless, the Defendant neglected to do so and did not look at the front side of the said knife while standing in front of the direction of the said knife, and took part of the victim E (the 70-year old) who was on duty, such as the victim E (the 70-year old) in front of the said knife and got the victim go beyond the ground, and got the victim back as it is.

Ultimately, at around 11:25, August 201, 2016, the Defendant caused the death of the victim by occupational negligence to the part of the pulmonary function due to the pulmonary blood transfusion from the Gangwon University Hospital Central Hospital of 156, Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), (2), on-site photographs (12), black stuffs image photographs (8 pages);

1. Application of Acts and subordinate statutes to death certificate (E);

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the instant traffic accident, which led to the occurrence of a serious consequence that may lose valuable life that could not be altered to what is the victim. The human life has absolute nature and dignity, and the act of infringing upon it is an element for sentencing unfavorable to the defendant.

On the other hand, the defendant's mistake seems to have been divided and reflected, and the defendant's vehicle is covered by a comprehensive insurance, in particular, the defendant.