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(영문) 인천지방법원 2016.03.09 2015고단7509
교통사고처리특례법위반
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 engaging in driving a wing wing truck with C Treatment 4.5 tons.

On July 30, 2015, the Defendant driven the above cargo vehicle on July 12:57, 2015, and proceeded to turn to the left on the two-lanes of the front side of the Songdong-dong, Incheon Metropolitan City, along with the two-lanes from the front side of the air bridge case, after the signal stop.

At the front of the road, crosswalks are installed frequently, and the vehicle driven by the defendant is a large vehicle of 4.5 tons and the vehicle driven by the defendant has a blind spot that cannot be seen in the driver's view compared to the ordinary vehicle. In such a case, the driver has a duty of care to prevent traffic accidents by driving the vehicle at all times by viewing whether or not there is a person driving the vehicle with a crosswalk, and whether or not there is a person driving the vehicle is a blind spot that cannot be seen in the driver's view.

Nevertheless, the defendant did not neglect this and did not discover the victim D (I, 97 years old) who was coming from the right side of the defendant's cargo vehicle back to the right side of the defendant's cargo vehicle due to the occupational negligence and did not discover that the victim D (I, 97 years old), and had the victims go beyond the road.

Ultimately, the Defendant caused the victim’s death by occupational negligence, which caused the death of the victim, while receiving treatment from a hospital in the Republic of Korea around August 3, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and related photographs;

1. A criminal investigation report (additional detection of accident images);

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines (the initial crime and reflectority) concerning criminal facts, and the negligence of the accused;

in this case, consideration shall be given to the agreement with the bereaved family members of the victim

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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