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(영문) 전주지방법원 2017.07.11 2017고단406
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of 20 million won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of freight cars.

On November 4, 2016, the Defendant driven the above cargo vehicle at around 08:20, and confirmed whether there was another vehicle entering the intersection by temporarily stopping the speed prior to entering the intersection, and had a duty of care to safely drive the vehicle and prevent the accident in advance by safely driving the vehicle along the vehicle line. The Defendant had a duty of care to safely drive the vehicle and safely drive the vehicle in advance. The Defendant’s driving of the vehicle at the direction to prevent the accident.

Nevertheless, the Defendant, before entering the intersection, went through the intersection with a part of the median line, and as it is, entered the intersection as it was. The Defendant discovered the victim E (17 S) driving, CBR125 Orala, which is proceeding on the opposite lane, late later, did not escape, but caused the victim to die due to the divers of the upper part of the said cargo vehicle's front part in front of the left side of the said cargo vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition (1) (2);

1. Investigation report (related to the Skid mark);

1. Notification of results of traffic accident analysis;

1. Application of Acts and subordinate statutes to dead bodies;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances favorable to the sentencing of Article 334(1) of the Criminal Procedure Act: Along with the victim’s side, the vehicle involved in the accident is insured by the mutual aid association, and another cargo lane operated prior to the victim in the course of the accident.

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