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(영문) 의정부지방법원 고양지원 2017.06.08 2017고단1092

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 4, 2017, the Defendant, who is engaged in driving freight B, was driving along the four-lanes of the Seo-gu, Busan Metropolitan City (Seoul Metropolitan City) with four-lanes of Seoul at the west-gu, Seoyang-gu, Busan Metropolitan City (Seoul Metropolitan City).

D Driving at the front of the same lane as bed;

E Multi-car was stopped on the right side of the defendant's proceeding, and is driven by the victim F(45) in front of it.

G E Business Motor Vehicle was stopped, and D and the victim were in the time zone on the road due to the vehicle operation.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reducing speed and accurately operating the steering direction and brake system by living well on the right side.

Nevertheless, while the defendant neglected to do so, the defendant did not avoid the victim while driving the vehicle, received the victim in front of the right side of the cargo vehicle of the defendant, and got the victim back to the right side of the cargo vehicle of the defendant, and caused the victim to go off due to the shock, and used the vehicle on the road.

Around 14:51 on the 14th day of the same month, the Defendant had the victim of the above occupational negligence and caused the victim's death by a low-blood shock shock from the Gansan Hospital of the Incheon National University, which is located in the 170-ro, Seoyang-gu, Seoyang-gu, Seoyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes concerning damaged vehicles;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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 is confessions and reflects the defendant, and the victim’s negligence contributed to the occurrence of the instant accident, and the victim’s fault.