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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
The defendant is a person who is engaged in the driving of a cargo vehicle B.
On May 2, 2018, the Defendant driven the above cargo vehicle at around 07:55, while proceeding the intersection in front of the Haman-gun, Hamnam-nam, with the E1 charging station from the direction of the inorganic village.
There are three-distance crossings without signal, and at the time, the victim D(n, 52 years old) and the E-te-te-te-te-ray driven by the victim D(n, 52 years old) is proceeding toward the shooting distance from the e1 charging sub-section, and thus, the driver was at the duty of care to safely enter the intersection when there is a risk of collision by considering the distance, speed, etc. of the other vehicle in the case of a temporary stop, the vehicle crossings after the temporary stop, and there was a duty
Nevertheless, the defendant neglected this and caused the victim to shock the left-hand part of the cargo vehicle operated by the defendant as the front part of the said vehicle due to the occupational negligence that entered the intersection as it is.
Ultimately, the Defendant caused the death of the victim of the above occupational negligence by a low-weight shock shock from the heart heat around 12:00 on the same day while he was under treatment after being transmitted to Samsung Changwon Hospital.
Summary of Evidence
1. Statement by the defendant in court;
1. A written diagnosis of death of D;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Application of Acts and subordinate statutes to on-site photographs and motion picture photographs;
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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act was the victim’s death due to a traffic accident caused by the Defendant, the Defendant did not either violate the speed-limit signal at the time of the traffic accident, drive without obtaining permission, or do other serious illegal acts. Rather, the Defendant was at fault on the part of the victim exceeding 30km at the time of the traffic accident.