(영문) 대전지방법원 2018.05.11 2017고단4632

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(영문) 대전지방법원 2018.05.11 2017고단4632

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 C14.5 tons of new trucks.

On September 14, 2017, the Defendant driven the above truck and proceeded at a speed that would not be known in accordance with the first two-lane of the E, which is located in Daejeon Seo-gu, by driving the truck at around 15:45, with the first two-lane of the E, in the front of the E, which is located in Seo-gu, Daejeon.

The location was the situation where various vehicles are parked in the signal atmosphere as a road to enter the intersection where signal lights are installed, and the truck driven by the defendant was the blind spot where the driver's view is not visible compared to ordinary automobiles because the location of the driver's seat is high. In such a case, the driver's duty of care to check the front side and the left side of the vehicle and to check whether there is a pedestrian and to prevent the accident in advance.

Nevertheless, by negligence, the defendant neglected this and proceeded without confirming whether or not there is a pedestrian on the front side and the right side of the truck, and instead, the part of the victim F (78 3) which illegally crossed the above road from the right side of the defendant's running direction to the left side of the defendant's truck was moved into the front side of the defendant's truck, and the victim who continued to use it on the road was turned into the front front and rear wheels of the defendant's truck's left side.

Ultimately, the Defendant caused the death of the victim by the occupational negligence above to the pressure death by the diversification of multiples.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 70(1) of the Criminal Act, and Article 69(2) of the Criminal Act, and Article 334(1) of the Criminal Procedure Act, on the grounds of sentencing, are the instant crime.

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