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(영문) 대구지방법원 서부지원 2013.05.31 2013고단472
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a string three cargo vehicles.

On February 13, 2013, the defendant operated the above cargo vehicle around 14:47, and proceeded with the national highway No. 33 in the Hado-ri village in the Hado-ri village in the Hado-ri level.

Since there is a limited speed at a speed of 60 km, there was a duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and brakes accurately.

Nevertheless, the defendant neglected this and did not discover the victim C (n, 65 years old) who was walking on the side of the right side of the madle, and did not receive the victim from the front side of the cargo vehicle of the defendant, and caused the victim's death in the E Hospital located in Daegu-gu D around 16:25 of the same day due to the shock of the Dam cage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Reports (1), (2) on traffic accidents;

1. Each photograph;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of an alternative fine for punishment (comprehensively considering the fact that the victim has reached an agreement with his/her bereaved family members, the defendant has no criminal record of imprisonment without prison labor or heavier punishment and

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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