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(영문) 창원지방법원 2020.12.17 2020고단3421
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine not exceeding seven million won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bmer trucks truck trucks.

On February 13, 2020, at around 04:22, the Defendant continued the two-lanes of the roads near Samdong-dong-ro 90, Sungwon-si, Changwon-si, Sungwon-si, in accordance with the one-lanes around Samdong-dong 90, Seowon-si, Sungdong-dong-dong-dong, Samchan-dong, which is one-lanes, from the boundary of the

Since there was an intersection where signal lights are installed in the front bank, there was a duty of care to check whether a person engaged in driving service has a vehicle, etc. to cross the front bank and the left and right, and to drive safely according to the signals.

Nevertheless, the defendant neglected this and neglected to neglect that, and caused the negligence of disregarding and proceeding with the yellow signal, which led directly to the left side of the running direction of the defendant, the top part of the victim D(65 years old) driving, which led to the defendant's collision with the front part of the cargo vehicle of the defendant.

Ultimately, at around 15:40 on September 15, 2020, the Defendant caused the death of a victim who was receiving treatment from G Hospital F located in F of the window of Changwon-si due to the above occupational negligence due to the acute reduction of light water damage, etc.

Summary of Evidence

1. Application of Acts and subordinate statutes to report the occurrence of traffic accidents to police witnesses who have witness witness witness's legal statement, investigation report, actual situation investigation report, photographs, death diagnosis report, medical certificate, and investigation report on commission of expert witness;

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

1. Selection of a selective fine (the occurrence of a serious consequence of the death caused by a traffic accident, but the bereaved family members of the victim agree that the victim's bereaved family members are to take action, there is no severe penalty power against the defendant, and the victim's violation of signal, etc. shall be considered);

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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