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(영문) 청주지방법원 2016.08.24 2016고정485
교통사고처리특례법위반
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 the duty of driving a modern 11.5 tons truck.

On November 17, 2015, the Defendant driven the above truck and proceeded along the three-lanes of the five-lanes among the five-lanes, which are the front road located in the Daejeon Seo-gu Daejeon Metropolitan City, Seo-gu, Daejeon, with four-lanes of the front road located in Seo-gu, Daejeon Metropolitan City.

At the time, night and rained surface was sleeped, so in such cases, there was a duty of care to reduce speed to those engaged in driving duties and accurately manipulate the steering direction and brake system by accurately manipulating the steering direction and brakes while living well before, after, after, and after the driving.

Nevertheless, the Defendant neglected to do so and proceeded on the three-lane of the victim E (the age of 36) with the front part of the above truck.

As a result, the Defendant caused the victim to die due to the injury of low-blood cerebral brain during treatment at the G University Hospital located in Seo-gu, Daejeon, Seo-gu, Daejeon on December 3, 2015, around 13:14.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement made to F, G, and H;

1. A traffic accident report;

1. A criminal investigation report (accidents, particulars of death, etc.);

1. Operational recording data;

1. Responses to traffic accident analysis;

1. A death diagnosis report and other related documents, and a postmortem report;

1. Application of Acts and subordinate statutes to field photographs and motion picture photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

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

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