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(영문) 창원지방법원 2017.10.18 2017고단2667
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Criminal facts

On June 12, 2017, the Defendant driving a 1 ton cargo vehicle D, and driven the above cargo vehicle around 08:07 on June 12, 2017, and proceeded to the intersection of the distance front of the F station E located in the window E of Chang-si, Chang-si, with the north-west surface from the camba-dong.

In this case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by checking the right and the right and the right and the right of the motor vehicle and prevent the accident from occurring.

However, the Defendant neglected to do so and went through as is, due to the negligence of the Defendant, received the part adjacent to the left-hand side of the victim G (67 cm) driving by the Defendant (67 ccL125) who was going to the protection of the small market from the bend of the said cargo vehicle that the Defendant drives.

Ultimately, the Defendant suffered from the injury of the victim due to the above occupational negligence, and caused the death of the victim due to severe cerebral injury caused by the injury to Samsung Changwon Hospital on June 12, 2017 while being sent back to Samsung Changwon Hospital and being treated.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which include the following: (a) the Defendant’s mistake in depth and reflects in depth; (b) the Defendant agreed with his bereaved family members; (c) the cargo vehicle driven by the Defendant is covered by a comprehensive insurance policy; and (d) the Defendant has no other criminal history except for the cargo that was punished once by a fine in around 2001; and (b) other various conditions of sentencing as shown in the arguments and records, including the motive, means, and result of the instant crime; (c) the circumstances after the crime; (d) the Defendant’s age, sexual conduct, intelligence, and environment; and (e) the Defendant set the same sentence as the order.

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