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(영문) 광주지방법원 순천지원 2018.07.19 2018고단1024
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 10 million.

When the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a Dsch Rexton car.

On February 10, 2018, the Defendant driven the above car at around 0:00, and led the Defendant to drive one lane in front of the bus platform of the dead forest village located in the new Yyang-si (the area of the shot (the area of the shot) of the Namyang-si, Namyang-si, and proceeding one lane in front of the bus platform of the deceased forest village.

Since the location is a bend road with the right side, in such cases, a person engaged in driving service has a duty of care to safely proceed at the speed to prevent collision by operating the brake system if an obstacle is discovered on the front side by reducing speed in advance and keeping the front side well.

Nevertheless, the Defendant neglected this and stopped the side on the right side of the E-way direction by his occupational negligence, without reducing speed on the bend side, and caused the Defendant to go beyond the floor of G victim (W, 88 years old) where the said cargo is pushed down on the left side of the car driving by the Defendant, and the back part of the back part of the Fpoter cargo vehicle, which stops on the right side of the road to the right side of the road.

As a result, the Defendant caused the victim G to die of the victim G by the occupational negligence on April 26, 2018, when he/she was receiving medical treatment at H hospital and a pre-existing university hospital through the instant hospital on the ground of the pelke and the mathrosising of the right side caused by the shock of the said accident.

Summary of Evidence

1. Statement by the defendant in court;

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 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. Circumstances favorable to the sentencing of Article 334(1) of the Criminal Procedure Act in relation to the order of provisional payment: The victim’s bereaved family does not want the punishment of the defendant, and there is no history of crime exceeding the fine, as the victim’s bereaved family does not want the punishment.

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