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(영문) 청주지방법원 2016.11.24 2016고단1426
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 19, 2016, the Defendant, who is engaged in driving CM5 vehicles, was driving the above vehicle on April 19, 2016 and proceeded to turn to the left at the left of the front of the Incheon Nam-gu, Incheon, by driving the vehicle on the back of the back of the back of the water-line.

At the time, the signal apparatus is not installed and the right and the right are not confirmed, so the defendant engaged in driving service has a duty of care to safely drive the right and the right after temporary suspension before entering the intersection.

Nevertheless, the Defendant, while neglecting the above duty of care, went back the victim E (the aged 49) who was placed on the left side of the moving direction due to the negligence of left-hand turn without neglecting the above duty of care, and went back to the left side of the above vehicle, and re-undered again.

Ultimately, around April 19, 2016, the Defendant caused the death of the victim by occupational negligence, such as a tension with a tension during transmission to the hospital, around 19:54 on April 19, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. A written statement of the G production;

1. A yellow survey report, a blackbbox image CD;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Relevant Article 3 (1) of the Road Traffic Act, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

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

1. The instant accident with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the victim’s fault in the occurrence of an accident, etc., the victim’s bereaved family members and the Defendant did not have any criminal record other than a fine for a one-time driving under the influence of alcohol, while driving a vehicle at night and driving a house on the backway at the “T”-type intersection, which led to the death of the victim who was driven on the road while driving the left at the same time.

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