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(영문) 대구지방법원 의성지원 2021.02.18 2021고단20
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 B Poter cargo vehicles.

On December 1, 2020, the Defendant driven the above cargo vehicle around 06:50, and led to two-lanes of the two-lanes of the line 5 U.S. National Highway 5, U.S., Gyeong-gun, U.S., Gyeong-gun, U.S., to the military speed of about 60km in speed from the direction of Sung-gun to the military.

A driver of a motor vehicle has a duty of care to live well on the front side, accurately operate steering and brakes, and safely proceed by adjusting speed in advance.

Nevertheless, the Defendant neglected this and found the DNA excavation searcher driven by C at the front of the cargo vehicle and immediately operated it, but failed to stop, and thereby received the front side of the said cargo vehicle.

Ultimately, the Defendant caused the death of the victim E ( South, 49 years of age) who was accompanied by the above cargo due to the above occupational negligence, by the G hospital located in Ansan-si F on December 1, 2020, in the G hospital located in Ansan-si F on December 1, 202.

Summary of Evidence

1. Preparation of Defendant’s legal statement C and written statements by police with H by each police involved in a traffic accident, reporting the occurrence of a traffic accident, reporting the traffic accident, handling records of the reported case, on-site photographs, death certificate, application of Acts and subordinate statutes on vehicles;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing factors indicated in the pleadings of this case, such as the defendant's age, environment, sexual conduct, motive, means and consequence of the crime, following the reason for 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, such as the circumstances after the crime.

Unfavorable circumstances: The instant accident resulted in a result that the victim died on the Defendant’s driver’s vehicle.

e.beliable;

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