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(영문) 춘천지방법원 영월지원 2014.01.17 2013고단574
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a cargo vehicle B 4.5 tons.

On August 12, 2013, the Defendant driven the above cargo vehicle around 14:15, and led to the turn to the left from the right side of the dialogue between the new Tri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

Since the place is a tri-distance intersection where traffic is not controlled, the driver who intends to turn to the left had the duty of care to prevent accidents by checking whether there is a vehicle that is directly driven by the left and right well prior to it, and thereby preventing accidents.

Nevertheless, the Defendant did not properly look at the left and left-hand turn without entering the right and left-hand turn, and shocked the part of the front-hand part of the victim C(50 years old) driveed from the right and right-hand side to the right-hand side of the 4.5 tons cargo vehicle, which was the front-hand part of the 4.5 tons cargo vehicle.

Ultimately, the Defendant caused the death of the victim due to the low-blood shock by occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A death certificate;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes to on-site photographs and motion picture photographs;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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