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(영문) 대구지방법원 경주지원 2021.03.17 2020고단822
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 the train train of cargo loaded B or B.

On June 19, 2020, the Defendant driven the above cargo vehicles around 17:25, and had the front road in front of the D cafeteria at the time of racing go to the left at a speed that cannot be known to the seat of the funeral of the Kim Young-gun at the Seocheon-gun.

There are no signal apparatus, and in this case, there was a duty of care to reduce speed to those engaged in driving service and drive safely by checking well the right and the right before and after it.

Nevertheless, due to negligence that neglected this and did not turn to the right well, the victim E (the 53-year old-old-age-old-age-long-age-long-age-long-age-long-age-long-of-age-long-of-age-long-age-of-the-counter-age-long-age-long-age-of-the-counter-age-long-age-long

Ultimately, the Defendant caused the victim’s death by occupational negligence as above at the H hospital located in Sejong-si, G around 18:13 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, a report on an investigation into the scene of the accident (Attachment to black stuff images) and a report on an investigation (D cafeteria CCTV images);

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment did not stop in a non-protection internship area where there is no signal apparatus, and there was a serious consequence that the victim died by negligence.

On the other hand, the defendant was the first offender with no criminal history, and agreed with the victim's bereaved family.

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