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(영문) 청주지방법원 2017.11.01 2017고단1178
교통사고처리특례법위반(치사)
Text

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

When the defendant does not pay a fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle with sod motor vehicle of D.

On April 11, 2017, the Defendant driven the above car at around 14:26, and driven the front road of Nowon-gu, Hoju City along the three-lanes between three-lanes from the intersection of Cheongju to three-lanes.

The victim F(49) stopped between the two-lanes on the side and the two-lanes at that time, and the victim was on the road in which the cargo would be cut off. In such a case, the driver of the motor vehicle had a duty of care to avoid the collision with the above cargo that the driver of the motor vehicle stops by thoroughly reducing speed or changing the lane by driving the motor vehicle at the front time.

Nevertheless, the Defendant neglected to do so and caused the damage to the injured party who had been engaged in tent work on the road by negligence.

Ultimately, the Defendant caused the above victim’s death by occupational negligence on April 14, 2017, at the Cheongju-si University Hospital located in 776, Seo-gu, Nowon-gu, Cheongju-si, due to brain death, etc.

Summary of Evidence

Application of Acts and subordinate statutes, such as reporting on the occurrence of traffic accidents in the police statement statement statement statement statement statement H by the defendant at the court, investigation report on actual condition, and accident scene

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;

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

3. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) under Article 334(1) of the Criminal Procedure Act is that the victim died and thus the result of the accident is very serious, but the defendant's mistake is against the defendant, and the victim parked the vehicle over the roadway and parked the vehicle on the side with the roadway and there

It appears that the defendant does not want the punishment of the defendant under the agreement with the victim's bereaved family members, and the defendant is the first offender who has no criminal punishment.

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