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(영문) 수원지방법원 2019.10.17 2019고정822
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 B 26 tons wing wing Franchis.

On November 10, 2018, from November 11, 2018 to November 03:40, 2018, the Defendant parked the above cargo vehicle on the fourth-lane of the four-lane road in Suwon City Line C.

At all times, four lanes are the four-lane roads with frequent traffic of other vehicles, which are installed for the speed of the right-way vehicle, so it is prohibited from parking. In addition, it is a road where the right-hand vehicle is reduced to three lanes from the front side of the road. In such a case, the Defendant was planning to park the above cargo vehicle at night, so that the person engaged in driving of the vehicle is not in charge of driving the vehicle, and there is a duty of care to prevent accidents by installing signs, etc. that can recognize that the vehicle is parked in the zone where parking is prohibited, and in case of parking due to unavoidable reasons, there was a duty of care to prevent accidents.

Nevertheless, without any safety sign, the Defendant parked the above cargo vehicle on the four-lanes of the above-mentioned road where parking is prohibited zone, and led the victim E (Nam, 58 years old) driving the above road to shock the back part of the above cargo vehicle.

Ultimately, around November 11, 2018, the Defendant caused the victim to die due to a traffic accident at the H Hospital emergency room located in Young-gu G in Suwon-gu, Suwon-si on November 11, 2018 due to occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic death report, a report on the occurrence of traffic accidents, and a report on the actual condition of traffic accidents;

1. A written result of autopsy;

1. Application of the Acts and subordinate statutes governing the CD images and accident scene photographs of a death incident;

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

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