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(영문) 창원지방법원 거창지원 2018.10.17 2018고단201
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 of B Poter cargo vehicles.

On June 25, 2018, the Defendant driven an above cargo vehicle at a speed of 14:24, while proceeding from the right side to the right side of the crd of the Gyeongnam Development-gun.

At the same time, there was a center line of yellow solid lines, so the driver engaged in driving of a motor vehicle has a duty of care to safely drive the front door and the left door and the left door, and the steering of the motor vehicle has a duty of care to accurately operate the steering gear and the steering gear.

Nevertheless, the Defendant neglected this and got the front part of the Victim D(67) E-Poter Cargo in the opposite lane due to the negligence of the Defendant’s failure in driving the center line, and received the front part of the said B-Poter Cargo Cargo.

Ultimately, the Defendant caused the victim’s death by occupational negligence on the same day at G hospital located in the Gyeong Chang-gun F in 16:53 around the same day, which caused the death of the victim due to the reciting voltage, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of Chapter 1 of the CDA, such as a report on the occurrence of a traffic accident, on-site photographs, death diagnosis reports, investigation reports (No. 15 times a year), and black and video data files;

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

1. Sentencing elements of sentencing unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The occurrence of a traffic accident causing the death of the victim is itself a factor of sentencing that is of significant importance to the bereaved family members of the victim: there is no previous conviction; the defendant has been aware of the instant crime; the defendant has a profoundly reflected in the automobile comprehensive insurance; the vehicle involved in the accident is covered by the automobile comprehensive insurance: The defendant's age, sex behavior, environment, motive, means and consequence of the crime; and the circumstances after the crime are revealed in the instant records and changes theory.

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