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(영문) 대전지방법원 천안지원 2019.09.24 2019고정381
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The Defendant is engaged in the business of driving Lone Star Cargo Vehicles B.

On December 21, 2018, the Defendant driven the above vehicle at a speed of 07:10 on December 21, 2018, and proceeded at a speed of unstened one-lane from the sponsing surface to the sponsing surface of the D station located in Seo-gu, Seo-gu, Seo-gu, Seoan City.

There is a single way in which the central separation cost in the vicinity of the intersection is installed.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to report the traffic situation well and to prevent accidents in advance by driving the motor vehicle safely.

Nevertheless, the defendant neglected to do so and neglected to do so before the discharge.

The victim E (the 76-year-old) was found to be late later and the left-hand side of the defendant's vehicle, and the victim was shocked on the left-hand side of the defendant's vehicle.

As a result, the defendant caused the above victim's death by occupational negligence at around 13:37 on December 26, 2018, by a shock shock.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, actual condition investigation report;

1. A death certificate;

1. Application of Acts and subordinate statutes to scene photographs of the accident site, and photographs of the vehicles;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Sentencing of Article 334(1) of the Criminal Procedure Act provides that the defendant's negligence on the grounds of sentencing of the provisional payment order results in the serious result of the victim's death.

However, it is difficult to view the defendant's negligence as being more severe because the victim who illegally crossed the new wall was unable to avoid the accident of this case on the one-lane road.

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