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(영문) 인천지방법원 2017.01.12 2016고단7538
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 B Poter Cargo Vehicles.

On August 16, 2016, the Defendant driven the above cargo vehicle at a speed of about 93 km in the speed of 13 km from the mae-distance slope to the long-distance long-distance long-distance long-distance long-distance long-distance long-distance long-distance long-distance long-distance long-distance long-distance long-distance long-distance long-distance long-distance long-distance long-distance long-distance long-distance long.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to reduce speed and properly manipulate the direction and the right and the right, and to prevent accidents in advance by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and got the victim C (83 ) driving from the right side of the cargo vehicle to the left side due to the negligence attributable to it as above, and caused the victim C (83 ) to shock the left side of the cargo vehicle into the front side of the cargo vehicle, led the victim about about 43 meters, and let the victim go beyond the road.

Ultimately, the Defendant caused the death of the victim by occupational negligence, from the F Hospital located in Kimpo-si, Kim Jong-si, on August 24, 2016, due to the death of the victim due to the multi-affection of the growth period during the transmission treatment at the F Hospital located in Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the statement made to G by the police;

1. A survey report on actual conditions;

1. Notification of traffic accident analysis results;

1. Application of Acts and subordinate statutes to a copy of records of changes in death cases (including death diagnosis certificates);

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 on the order of provisional payment is that the Defendant, as a driver of a motor vehicle, has a duty of care to temporarily stop on a three-distance road with no signal, etc. despite his/her duty of care to safely drive the motor vehicle, and drive the motor vehicle safely with the view to front and left.

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