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(영문) 대구지방법원 의성지원 2020.02.06 2020고단11
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 one ton cargo vehicle B.

At around 17:50 on November 28, 2019, the Defendant driven the above cargo vehicle and proceeded with the Cheongong-gun National Road 61-7 National Road Dopo-si from the pottery ground to the Cheongong-Eup-Myeon.

At the time, there was a duty of care to thoroughly look at the front side and the right and the right and the right of the driver of a motor vehicle, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and was driven by the injured party C (year 79) prior to the occurrence of occupational negligence, which was driven by the injured party C (year 79). The part of the back part of the cargo was received as the front part of the cargo vehicle’s right-hand part.

Accordingly, the Defendant caused the victim to die due to the above occupational negligence at the F Hospital located in Cheongbuk-gun E around November 28, 2019, around 18:57.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a yellow survey report, and an accident site photograph;

1. Application of Acts and subordinate statutes to each death certificate;

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 (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

Unfavorable circumstances: The occurrence of the result that the victim could not be able to die due to the instant accident, and the degree of violation of the duty of care of the defendant who received the preceding Obama, is not easy.

The favorable circumstances: The defendant acknowledges his mistake as a first offender, repents, and does not turn on headlights.

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