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(영문) 춘천지방법원 강릉지원 2019.07.26 2019고단618
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

around 09:20 on December 27, 2018, the Defendant driven the above car and moved ahead of C from D to E building when driving it.

At the same time, five days of high-speed, and thus, the person engaged in driving service had a duty of care to properly look at the surrounding area and prevent the shock with pedestrians while driving in the workplace, despite the fact that there was a duty of care to prevent the shock with pedestrians, the Defendant neglected to do so and did not discover the victim F (the age of 42) who was going beyond the right side of the driving direction and did not discover the victim F (the age of 42) who was going beyond the right side of the driving direction and served the victim's body with the front and rear wheels of the said vehicle.

Ultimately, at around 10:40 on the same day as the above occupational negligence, the Defendant caused the death of the victim due to the depression of the external wound.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on the occurrence of a traffic accident, on-site map of the accident, on-site photographs, and on-site survey report;

1. [Investigation Report (Attachment of Track Track Image Data) - Park Track Track Image Data, Vehicle Track Track Track CDs, Commercial CCTV images and commercial CCTV CDs]

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. The defendant's assertion as to the defendant's assertion of Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse asserts that the defendant's assertion is an accident by force majeure.

According to evidence, the Defendant was travelling along the road inside the market on the day of the instant case, but the victim, who was working ahead of the right side of the Defendant vehicle, was used as the right side of the Defendant vehicle in a sudden fashion without any contact between the Defendant’s vehicle and its side, and it is recognized that the vehicle was driven towards the front front wheels and the rear wheels of the Defendant vehicle.

The defendant is the front wheels of the defendant, who is a victim.

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