(영문) 서울서부지방법원 2020.09.29 2020고단1454

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(영문) 서울서부지방법원 2020.09.29 2020고단1454

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 driving a 25 tons dump truck.

Around 14:20 on February 7, 2020, the Defendant driven the above truck, and stopped three-lane roads in front of Eunpyeong-gu Seoul Metropolitan Government C from the new station to the salary mountain tunnel, and started immediately from the front line.

At this point, there were many pedestrians crossing the road because housing and commercial buildings are concentrated, and dump trucks were installed with a dump truck to secure the view of the area of the blind spot because the driver's dump truck is higher than the ordinary car quantity, so in such a case, there was a duty of care to check whether there is a pedestrian living around the vehicle and to safely drive the vehicle to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and did not look at the surrounding area of the liverer and assister, and did not discover the victim D (the age of 67) who crosses the road to the port from the right side of the Madern Defendant’s vehicle to the port, but did not discover the victim D (the age of 67). The victim took over the victim with the front part of the Defendant’s vehicle, and the head of the victim turns the victim’s head to the front right side of the Defendant vehicle.

After all, the Defendant caused the death of the victim due to the above occupational negligence by damaging the two parts of evidence in the workplace.

Summary of Evidence

1. Application of Acts and subordinate statutes to a copy of a traffic accident analysis report and reply letter of traffic accident analysis by a defendant's legal statement;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

참조조문

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