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(영문) 창원지방법원 진주지원 2015.08.26 2015고단542
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 a e-mail truck.

On March 13, 2015, the Defendant driven the above cargo vehicle on March 14:50, and proceeded at approximately 50 km from the boundary line of the office which is located on the front side of the city at the time of Jinju to the direction of the intersection.

At the time, the surface was sucked and there was a bended ray, so in such a case, a person engaged in driving a motor vehicle has a duty of care to see the front section and accurately operate the steering and steering gear and to proceed safely.

Nevertheless, the defendant neglected this and got off the cargo vehicle into the left side of the road due to the defendant's negligence in the course of business, which was driven by more than 7 persons, without speeding up while boarding more than 9 persons, and caused the defendant to shock the retaining wall on the right side of the road, which was installed on the left side of the re-road while the power has been lost.

Ultimately, the Defendant suffered injury to the victim D (the age of 57) who was on the part of the Defendant’s cargo due to the foregoing occupational negligence, and caused the death of the victim from the low-blood shock shock at the Gyeongju-dong University Hospital located in Jinju-si around 15:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. G statements;

1. A traffic accident report;

1. A death certificate;

1. Application of each statute on photographs;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order has caused a serious result that the defendant is the death of the victim due to occupational negligence.

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