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(영문) 수원지방법원 평택지원 2017.04.27 2016고단2601
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a sports cargo vehicle C.

On April 2, 2016, around 22:50, the Defendant proceeded with the national highways No. 38 of the two-lanes in the vicinity of the king-dong Bridge-dong, Sinsung-si, in an insular speed along the two-lanes from the vicinity of the king-do.

At the time of night, in such a case, there was a duty of care to prevent accidents in advance by putting a person engaged in driving on the front side and driving safely.

Nevertheless, the Defendant neglected to do so and neglected to take part in the body part of the victim D(74) which was used in the front line of the Defendant’s front line by negligence, and followed the Defendant’s cargo vehicle at the lower part of the Defendant’s front line.

After all, the Defendant caused the death of the victim by occupational negligence at the same time, resulting in the death of the victim with multiple salute.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A traffic accident investigation report and a traffic accident occurrence report;

1. Application of Acts and subordinate statutes to photographs of deceased persons;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

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

1. The sentencing conditions of the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime are determined by comprehensively taking account of the following circumstances under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and other conditions of the sentencing indicated in the record.

- The occurrence of the serious consequence of the death of the victim due to the instant traffic accident occurs, provided that there are circumstances that may be considered in the background of the accident, and the defendant has agreed with the bereaved family of the victim. - The defendant is against his fault.

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