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(영문) 창원지방법원 마산지원 2018.03.27 2018고단52
교통사고처리특례법위반(치사)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The defendant is a person who is engaged in the driving of a wing and cargo vehicle B.

On November 25, 2017, the Defendant driven the above cargo vehicle around 07:00, and led the D's three-lane road in front of the D's oil station in the Changwon-si Member C of Changwon-si, Changwon-si, to the North Korean elementary school from the original prison.

Since there is an intersection where signal lights are installed, there was a duty of care for a person engaged in driving duty to drive safely according to the signals.

Nevertheless, the defendant neglected this and neglected to turn to the left in accordance with the signals of the victim E (70) who gets to turn to the left from the part facing the direction of the defendant's proceeding due to the negligence of the defendant's failure, and shocked into the front part of the cargo vehicle operated by the defendant.

Ultimately, at around November 25, 2017, the Defendant: (a) caused the death of the victim by the occupational negligence at Samsung Changwon Hospital located in Samsung Changwon Hospital located in Samsung 158, a sale-ro 158 for the members of the Changwon-si, Changwon-si, which was undergoing the transmission treatment, due to the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A death diagnosis certificate (E);

1. Reporting the occurrence of a traffic accident, the application of a report on actual condition investigation, and photographic Acts and subordinate statutes;

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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order was the victim of a traffic accident caused by the Defendant’s violation of the signal, the Defendant was subscribed to an automobile comprehensive insurance in relation to the cargo vehicle that caused the traffic accident, and the Defendant submitted an agreement with G, which is the bereaved family member of the victim, and further, G submitted an application to the effect that “a minor punishment against the suspect is not imposed.” Although the Defendant had several criminal records, the traffic accident is caused by negligence.

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