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(영문) 대구지방법원 의성지원 2019.07.04 2019고단103
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 freight B and B.

On February 21, 2019, the defendant driving the above cargo vehicle around 09:13 on February 21, 2019, and driving the 1367-2 road along the vice-section 1367-2 road from the boundary of the Gyeongcheon-si, Sincheon-si, the defendant was driving the above cargo vehicle along the one-lane between the two-lanes.

Since there was a one-lane road, there was a duty of care to prevent accidents by accurately manipulating the steering direction, brakes, etc. according to the surrounding conditions of a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected to perform his duties at the front and right side of the cargo vehicle and got a victim C (60 years of age) who crosses the right from the left side of the cargo vehicle to the right side due to occupational negligence, which led to the Defendant’s failure to perform his duties at the front side of the cargo vehicle.

Ultimately, the Defendant caused the victim's death on the same day due to the foregoing occupational negligence due to the external shocks caused by traffic accidents.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, actual condition survey reports, site photographs, internal investigation reports (investigation into the circumstances, etc. of accidents), site photographs of traffic accidents, death certificate, and dead body photographs;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the selection of fines;

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

1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive, means and consequence of the crime, etc., under the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case

The favorable circumstances: The defendant's mistake is recognized, divided, and the negligence of the victim who has dried the lane is also the occurrence of the accident or the expansion of damage of this case.

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