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(영문) 창원지방법원 2017.12.15 2017고단3346
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Criminal facts

On July 15, 2017, the Defendant, who is engaged in driving of freight cars B, was driving the above cargo cars around 08:00, and was moving to the Sam-dong intersection, which is located in the 81-lane of Changwon-si, Sam-dong, Sam-dong, Sam-dong, the C-dong, the C-dong, the C-dong, the intersection of which is located in the 81-lane of Changwon-

On the front side of the defendant's running direction, crosswalks and bicycle crossings are installed along, so in the case of bypassing, there was a duty of care to build the road well by checking whether there is a person or bicycle, and to safely drive the road.

However, the defendant neglected this and got the victim to go beyond the floor by taking the victim C (84) operated by this victim C (84) to the left-hand side from the right-hand side of the defendant's proceeding. The left-hand side part of the above cargo ALTN-UNFCCC QUE-5 (36V 205W) was the second front-hand side of the above cargo vehicle and let the victim go beyond the floor.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the Changwon Hospital, which was located in the window of Changwon-si, 09:07 on the same day, from the window of Changwon-si, 45 (Seowon-dong) due to the damage to the sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a death certificate;

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. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which include the following: (a) the Defendant’s mistake in depth and reflects the Defendant’s fault; (b) the Defendant agreed to the victim’s bereaved families and children; and (c) the motive, means and result of the instant crime; (d) the circumstances after the commission of the crime; (b) the Defendant’s age, sexual conduct, intelligence and environment; and (c) various conditions of sentencing as shown in the records and arguments, such as the insurance relationship, were comprehensively considered.

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