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(영문) 춘천지방법원 원주지원 2018.05.03 2017고단1288

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

On August 28, 2017, at around 10:30 on August 28, 2017, the Defendant driven a luminous string vehicle B, and followed the front of the Docheon Middle School 37, a 59-ro e.g., Suwon-gun, Suwon-gun, Suwon-gun, Sucheon-gun, Sucheon-gun, Sucheon-gun, Sucheon-gun, Sucheon-do, Gocheon-

At the same time, the passage of residents is frequent, and the defendant is a special vehicle that must strictly limit the access of the people within the work radius. In such a case, the defendant left behind the course with the help of a ground workman, and even if not, the defendant has a duty of care to thoroughly verify whether there is no person in the post, and to accurately operate the steering and steering devices and prevent accidents, but the defendant was negligent in the course of business that he was frightly left behind the left side of the vehicle and went beyond the ground, and the victim C (the remaining, the age of 83) who was on board the bicycle on September 17:43, 2017, died of the victim's death due to the suspension, etc. from the Switzerland Hospital in the 20th century, the liquor tax at the time of Won-si, Nowon-si, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of the occurrence of E traffic accidents;

1. Application of Acts and subordinate statutes to a traffic accident report, traffic accident report, death diagnosis report;

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. The issue is serious because there was an uncompeting consequence that the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act was the death of the victim for the reasons of the sentencing.

However, the accident of this case is not that of the defendant, but that of the victim, it was caused by the accident that goes beyond the play room on the vehicle coming behind by the victim, and the bicycle goes beyond the balance without being equipped with protective equipment such as safety caps.