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(영문) 광주지방법원 장흥지원 2014.03.06 2013고단250
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

At around 12:55 on October 15, 2013, the Defendant driven the above cargo vehicle, and went back to the stable owned by the victim E (the 64 years old) of the former Heung-gun.

At the time of the above cargo vehicle, there was a victim in the rear side of the cargo vehicle, and it was difficult to secure the view of the vehicle back due to fire loaded in the animal partitions of the above cargo vehicle. In such a case, there was a duty of care to prevent accidents, such as making a person engaged in driving the vehicle well look at the rear side and left side, and accurately operating the steering gear, etc.

Nevertheless, the Defendant neglected to do so and caused the damage to the victim by shocking the victim who was on the rear side of the above cargo vehicle, and got off the part of the victim, which was written on the floor, with the rear wheels of the above cargo vehicle's left side.

Ultimately, around October 19, 2013, at G Hospital located in Gwangju-gu, Gwangju-gu around 20:13, the Defendant caused the victims to die from a multi-long-term functional part due to low blood shock.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident;

1. A death certificate;

1. Application of evidence, photographs, and photographs of the dead bodies of an accident site;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which caused a traffic accident by negligence by a defendant, may cause a serious result of the death of the victim. However, the defendant is a primary offender who has no criminal power, his own care is divided and reflected in depth, the vehicle is covered by a comprehensive insurance, and the victim's bereaved family members and their bereaved family members have agreed to do so.

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