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(영문) 대구지방법원 상주지원 2013.11.19 2013고단344
교통사고처리특례법위반
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 19, 2013, at around 16:45, the Defendant driven a 1 ton freight vehicle B, and had it go on from the west to the west of the Korean Peninsula at the time of residence.

At that time, the victim C(76 years of age) was driving a bicycle in the same direction as the Defendant’s front bank. In such a case, a person engaged in driving a motor vehicle has a duty of care to look at the front bank well and to prevent accidents by accurately manipulating the brake system, etc.

Nevertheless, the Defendant neglected this and found the above bicycle going on a late, and applied the brakes to the left-hand side while driving the bicycle, but the victim's bicycle back part operated by the victim was shocked to the right side of the vehicle and led the victim to move to the road.

The Defendant suffered cerebrovassis and plessis from the above occupational negligence, and caused the victim to die while receiving treatment at D Hospital around 19:37 on July 20, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. A death certificate;

1. Application of Acts and subordinate statutes on site photographs;

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

1. Selection of a selective fine (including the degree of negligence in the course of performing duties, agreement with the male and female of the victim, comprehensive insurance, and no previous offense for the last twenty-five years);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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