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(영문) 대구지방법원 서부지원 2016.06.17 2016고단645
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On March 16, 2016, the Defendant operated B B Poter freight vehicles around 04:31, and proceeded one lane in the direction of the fluence in the direction of the fluence of the Do at the Do of Daegu-gu Do, instead of creating the national highways at the Do of the Do.

At the time, it is difficult to secure the view at night and it is difficult to do so, a driver of a motor vehicle has a duty of care to check the safety of the course and drive the motor vehicle safely by properly examining the right and the right of the front.

Nevertheless, the Defendant neglected this and did not discover the victim C (25 years) who walked one lane due to negligence in the front bank, and did not discover the victim C (25 years) in advance, and received the victim's body in front of the right part of the said cargo vehicle.

Ultimately, the Defendant caused the victim's death by occupational negligence, such as low blood transfusion shock, etc. in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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 and Article 268 of the Criminal Act concerning criminal facts;

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

1. Consideration, including the fact that the victim's negligence was not written due to the sentencing of Article 334(1) of the Criminal Procedure Act, the fact that the victim's bereaved family members agreed with the victim, the fact that the motor vehicle comprehensive insurance was purchased, and the first offender;

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