(영문) 청주지방법원 2018.01.11 2017고단2238

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(영문) 청주지방법원 2018.01.11 2017고단2238

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 the driving of D concrete mixed trucks.

On February 23, 2017, the Defendant moved to the right of way from the edge of the old court to the north Do office of the Chungcheong Do. On February 17, 2017, the Defendant moved to the right of way from the edge of the old court.

Since there is an intersection and a crosswalk installed in the front side, there was a duty of care to prevent accidents by driving along the right side of the road in advance by driving along the right side of the road to the person who makes a right-hand side at the intersection, and driving by driving a pedestrian or a bicycle with due care to stop and driving pursuant to the new subparagraph, and so on.

Nevertheless, the Defendant, while entering the first lane of the second lane in the right direction and without carefully checking the direction after the right direction, followed by the negligence of the victim F(78 tax) driven by the bypassing from the right side of the said truck without reducing or stopping the speed even though the front direction of the road is pedestrian signal condition, led the victim to the front side of the said truck, let the victim go beyond the floor, and proceeded with the victim with the front edge of the said truck and the rear wheels of the said truck.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the injury of the victim, such as the exposure to the two colonies and brain damage in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Sending a traffic accident analysis report;

1. On-site photographs, on-site photographs, and carcass photographs;

1. Application of Acts and subordinate statutes to death certificates;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act recognizes the Defendant to commit a crime.

참조조문

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