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(영문) 대전지방법원 천안지원 2019.03.07 2018고단2797
교통사고처리특례법위반(치사)
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Defendant shall be punished by a fine of KRW 15,000,000.

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 a cargo vehicle of B 23.5 tons or more.

around 05:20 March 30, 2018, the Defendant, “D cafeteria,” located in Seo-gu, Seo-gu, Western-si C, Seo-gu, Seo-gu, Seo-gu, Seoul, was able to drive the front road to the direct mountain, and entered the opposite lane.

At the time, there is a new wall and a place where only a passenger car or a cargo car with a ton or less is permitted. In such a case, the driver had a duty of care to prevent the traffic accident by making a U-turn only when the driver is required to take care of the entire course and the left and right, and to take care of the traffic of other vehicles.

Nevertheless, the Defendant neglected this and negligently driven E E E E E E E E E E E E E E E E E E E E E E in the rear side of the Defendant’s cargo vehicle located in the same direction, without finding the U.S.’s cargo vehicle from the U.S.’s vehicle, and caused the Defendant to shock the back part of the E E E E E E E E E E E EM vehicle with the driver’s seat of the above E EM vehicle.

Since the defendant's right of defense is not disturbed, the facts charged are rhyd as above.

Ultimately, around March 30, 2018, around 06:29, the Defendant caused the victim’s death by the occupational negligence, resulting in the death of the part in which the details of the two frames and the inner frame are unknown at H’s hospital affiliated to the Nam-gu, Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. The actual condition survey report;

1. A death certificate;

1. Application of accident site photographs, dactylology photographs (F) Acts and subordinate statutes;

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

1. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act has occurred, and the victim is the victim.

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