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(영문) 창원지방법원 밀양지원 2017.12.14 2017고단496
교통사고처리특례법위반(치사)
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 of a wing and cargo vehicle B.

On August 4, 2017, the Defendant driven the above cargo vehicles around 06:43, and continued the intersection of the private distance of the road to C in the vicinity of C at Pyang-si, U.S., directly from Pluri-ri to the fishery divers.

It is an intersection where no signal, etc. is installed. Since trees are planted on the left side of the defendant's running direction and the left side of the road is left, the driver has a duty of care to prevent accidents by reducing speed in advance before entering the intersection and thoroughly examining the left and the right of the road. In such a case, the driver has a duty of care to prevent accidents such as safe entry into the intersection.

Nevertheless, the Defendant neglected this and continued to enter the intersection without thoroughly examining the right and the right and the right and the right and the right and the right side of the victim D(72 ) driving from the left side of the running direction to the right and the right and the right side of the victim D(72 ) driving to the right and the right side of the defendant's vehicle.

Accordingly, the Defendant caused the death of the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A death certificate;

1. Application of each traffic accident reporting statute;

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 the victim’s bereaved family members do not want the defendant’s punishment, there is no past record of punishment, and the sentencing conditions indicated in the record, such as the defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as ordered, taking into account the circumstances following the crime.

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