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(영문) 창원지방법원 밀양지원 2018.04.05 2018고단48
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 of C Freight.

On December 22, 2017, the Defendant driven the above vehicle at around 18:10, and proceeded with the first road of D in front of C at the time of smuggling at the time of pushed, from the fishery urgical outflow to the large eurgical outflow, at the speed of about 57 km.

At night and around the road without delivery, there are many houses, and there are many people who are engaged in driving of a motor vehicle, and there are duty of care to safely drive the motor vehicle and prevent accidents in advance by accurately manipulating the brakes and steering gear of the motor vehicle.

Nevertheless, the Defendant neglected this and found the victim E (the age of 81) who was standing on the road above the road due to negligence that caused the Defendant to neglect it and neglected to take care of it, and thus, the Defendant received the victim from the right side of the front truck.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence by cutting off cage at a cage at the site.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Field photographs, etc.;

1. Application of Acts and subordinate statutes of a death certificate;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act, based on the following circumstances and the Defendant’s age, environment, motive, means and consequence of the crime, and the circumstances constituting the sentencing conditions indicated in the records, such as the circumstances after the crime, shall be determined as ordered.

An unfavorable circumstance: A normal situation in which the victim dies due to the defendant's occupational negligence: there are some circumstances to consider the situation that the accident occurred while the victim gets on the roadway.

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