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(영문) 의정부지방법원 2020.02.12 2017고단4446
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 the driving of math 2 (Loading) cargo vehicles.

On March 17, 2017, the Defendant driven the above vehicle at around 05:34, and stopped due to the breakdown of the vehicle while driving the road at the same 400 roads as in the city of Speaker at the same time with the long-distance outflow of the long-distance 4-lane.

At the time, since the motor vehicle is at night and where the passage of the motor vehicle is frequent, a person engaged in driving the motor vehicle has a duty of care to prevent the second accident by installing the sign of the motor vehicle on the rear side of at least 100 meters of the motor vehicle and installing the red light signal system, etc. or fireworks signal, which can be identified at a point of 500 meters in all directions, along with the above sign, on the side of the motor vehicle and installing it on the lower side of at least 200 meters in width.

Nevertheless, the Defendant neglected this and failed to install any sign and signal, and caused the victim C driver's Da New franchise XG car, which was proceeding in the direction behind the Defendant's moving direction, to have the victim C driver's Dozack part of the said cargo.

Ultimately, the Defendant caused the above victim’s death by occupational negligence at the F Hospital located in the Gu Government-si E on March 23, 2017 to the heart.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report, the report on the occurrence of traffic accidents, the field map, the investigation report, and on-site photographs;

1. A photograph by capturing a traffic information ctv video and capturing a ctv video for controlling parking and stopping violations;

1. A death certificate or a photograph of a dead person;

1. Application of Acts and subordinate statutes to investigation reports (ctv video confirmation and suspect 2 investigation);

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. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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