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(영문) 수원지방법원 2017.05.23 2017고단1084
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving 3.5 tons or more of freight vehicles.

On January 6, 2017, the Defendant driven the above cargo vehicle around 23:40, and proceeded along the three-lanes in front of the three-lane distance in front of the right road inciting the right road at Suwon City, using three-lanes from the right road to the right road.

At the time, the above vehicles were stopped in accordance with the motor vehicle stop signals, and the victim E (the age of 68) was walking on the right side of the above road and walked to the left side of the road, and thus, the driver of the motor vehicle had a duty of care to live well on the right side and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the defendant neglected to search the Internet as a cell phone and did not confirm the victim who was changed to the vehicle's progress signal and served the victim with the front wheels of the cargo vehicle as the front left-hand side.

Ultimately, the Defendant caused the victim's death by occupational negligence as above, which resulted in the death of a low-blood shock in the light of 00:03 square meters following the day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. A photograph of the scene of an accident, a vehicle photograph of an accident, or a CCTV closure;

1. Application of Acts and subordinate statutes to dead bodies;

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. Circumstances favorable to the defendant in sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

The mistake of the victim who was unauthorized crossing seems to have caused the accident of this case.

The defendant agreed with the bereaved family members of the victim.

Vehicles operated by the defendant are covered by a comprehensive cargo insurance.

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