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(영문) 수원지방법원 안양지원 2018.01.16 2017고정708
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 a low 14 tons low-speed car and cargo vehicle of C.

On March 28, 2017, the Defendant driven the above cargo vehicle on the two-lane road located in Seosan City, Do 03:00, in order to enter the port from the port of the Seosan Medical Center to the port of the Sea, while driving the vehicle, the Defendant was driving ahead of the center line to the direction of the E, and going behind to the direction of the E.

At the same time, she is placed at the night, she is placed at the vehicle driven along the vehicle line. As such, a person engaged in driving a motor vehicle has a duty of care to take care of the front and rear and right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the road are accurately operated to drive the motor vehicle on the road when there is no other vehicle driving along the road.

Nevertheless, the Defendant neglected this and received, as seen above, the front part of the passenger car of the Defendant’s driver’s vehicle was adjacent to the right side of the freight vehicle of the Defendant’s driver’s vehicle, while driving the G body of the Victim F (F, 36 years old) who was going to the port from the port of Western Medical Center, along the two-lanes of the two-lane road from the direction of the latter.

As a result, the Defendant caused the above victim's scarcity death in the above accident site around 03:34 of the same day by negligence on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographss related to traffic accidents;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes to response to traffic accident analysis;

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

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

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order - Reduction of a fine in consideration of the victim’s negligence;

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