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(영문) 전주지방법원 군산지원 2017.02.10 2016고단1183
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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 the duty of driving Category C cargo vehicles.

On September 27, 2016, around 07:15, the Defendant directed the 53 maid village intersection from the west side of the Yellow Sea in the Yasan-si, Yasan-si, Yasan-si, to the gate of the village tower at the west of the Yasan-si.

At that time, the inspection installed on the right side of the entrance distance of the long high village cannot be confirmed due to plastic sewage, and thus, the driver of the vehicle has a duty of care to temporarily stop the vehicle before and after entering the accident crossing or temporarily stop the vehicle before and after the accident crossing, and accurately manipulate the steering gear and brakes to prevent the accident by accurately operating the steering gear and brakes.

Nevertheless, the Defendant was negligent in driving at a speed above 40 km and above 43.4km at a speed of 43.4 km from the front, rear, left, and left from the west of the victim D (60 cm) driving without the driver’s license for driving the unregistered motor vehicle of the victim who was left left to the west from the west, the west, the west, the west, the west, and the left to the west.

Ultimately, at around October 2, 2016, the Defendant caused the death of the victim due to cerebral blood or low blood pressure shocks caused by traffic accidents at the hospital of the original university around 10:34, in the course of treating the victim by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report on actual conditions;

1. Notification of traffic accident analysis results;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of fines concerning criminal facts;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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