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(영문) 수원지방법원 성남지원 2020.02.18 2020고단106
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 12, 2019, the Defendant driving a Bchip car on August 12, 2019, and driving a DW car in Busan Dong-gu C from the E elementary school to F.

Since the victim, etc. was in the process of sewage culvert construction, the defendant engaged in driving service had a duty of care to reduce speed and accurately manipulate the steering direction and brake system of the vehicle and prevent the accident from occurring.

Nevertheless, the Defendant neglected to operate the brakes in an accurate manner, and stopped the part of the Defendant’s passenger vehicle in front of the accident at the location where the accident occurred, and the part of the construction equipment and the G package truck loaded at the location where the Defendant’s vehicle was parked, due to the shock, caused the victim H (56 years old) who was working in front of the truck to run on the truck in front of the truck, and caused the victim to wear the truck between the truck and the electric pole.

Ultimately, at around 13:46, Aug. 12, 2019, the Defendant caused the victim to die due to such occupational negligence, such as a cryp of the cryp of the cryp of the Busan National University Hospital located in Busan Metropolitan City and a cryp of the chest pressure.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. A written statement;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, current reports, and reports on the occurrence of traffic accidents;

1. Inquiry into the enemy;

1. Medical certificate, medical record certificate, copy of medical record, operation record, examination report, examination report of body, death certificate, and examination certificate;

1. Report on investigation results and report on investigation results;

1. Application of each statute on photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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