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(영문) 전주지방법원 2018.01.09 2017고단1906
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

The Defendant is a person who is engaged in driving a vehicle that can live with C 8.5 tons.

On July 30, 2017, the Defendant driven a large-scale flooding vehicle around 17:05, and proceeded with a road located in 1342, which is located in the former Jinan-gun, Jinan-gun, Jinan-gun, from the Myeon Office, to the Myeon Office.

In such cases, there was a duty of care to prevent accidents in advance by accurately manipulating the front, rear, and left and right of the driver and accurately manipulating the steering gear.

Nevertheless, the defendant neglected the above duty of care and proceeded with it as it is, due to the negligence of the defendant's failure, and the victim D (96) who was going to go to the village of leap leap in the right direction behind the defendant's running direction. The defendant shocked the victim D (96) who was going to go to the road.

Ultimately, the Defendant caused the victim to die due to the foregoing occupational negligence on August 15, 2017 at the former North Korean University Hospital, which was located in 20, Seojin-gu, Seoul Special Self-Governing Province around 09:32 on August 15, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement on the occurrence of traffic accidents;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that an agreement is reached with the injured party on the reason of sentencing, and the vehicles are also covered by a comprehensive insurance. At the time of the instant accident, the traffic accident occurred by the injured party entering the lane where the accused was later in violation of the vehicle line, and the injured party immediately after the instant accident is able to communicate about the circumstances of the accident, etc. and was investigated by the police, but the injured party's age is too high.

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