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(영문) 대구지방법원 의성지원 2020.03.12 2020고단35
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 the driving of concrete mixed trucks B.

On December 7, 2019, at around 08:57, the Defendant moved the blind distance in front of the “D” located in the Seongbuk-gun of Seongbuk-gun, Seongbuk-gun, in the face of the E apartment, to the face of the Seongbuk-gun, but went back to the face of the Seongbuk-gun Police Station.

Since there is a large distance of passage of pedestrians and vehicles, the defendant, who is engaged in driving of the motor vehicle, has a duty of care to properly see the front, rear, left and right of the motor vehicle, and accurately manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and took the bicycle driven by the injured Party F (F) who passed the right side of the Defendant’s cargo vehicle at time (FF) as the front part of the said cargo vehicle. Accordingly, the Defendant served the lower half of the injured Party’s cargo as the front part of the said cargo vehicle.

Ultimately, at around 11:02 on the same day, the Defendant caused the victim’s death by the occupational negligence, such as the blood shock, etc. at H hospitals located G in the G in the G in the G in the Dong-dong-dong-dong-dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. The application of Acts and subordinate statutes to a survey report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, a photo at the scene of an accident, a death certificate, a visual photo, an investigation report (Attachment to a photo at the scene of an accident, a

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

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

1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive, means and consequence of the crime, etc., under the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case

Unfavorable circumstances: The victim dies due to the instant crime.

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