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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단216
교통사고처리특례법위반
Text

A defendant shall be punished by a fine of 10 million won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

Around 12:30 on March 9, 2013, the Defendant, while driving the above vehicle and driving the road in front of the potter village located in the potteraeae Eup, Cheongan-gun, Seoan-gun, Seoan-gun, Seoan-gun, the Defendant driven a bicycle driven by the victim C (the age of 57).

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to thoroughly operate the steering gear and brakes thoroughly and prevent accidents in advance.

Nevertheless, in the course of passing ahead of the above bicycle, the Defendant discovered the bicycle in front of the Defendant’s vehicle and tried to operate a brake system late after discovering the bicycle in front of the Defendant’s vehicle, but by negligence operating the speed device, received the front wheel part of the Defendant’s bicycle in front of the right part of the Defendant’s vehicle, and charged the victim beyond the floor with the above vehicle as it is.

In the end, the Defendant caused the death of the said victim due to the cardiopulmonary brain ties, the two parts, and the inner part, due to the above occupational negligence, due to the death of the said victim.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to a copy of a survey report on actual conditions, on-site photographs, and body autopsy report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

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

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

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