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(영문) 대구지방법원 김천지원 2019.05.23 2019고단111
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 the Lone Star Cargo Vehicle B.

On October 30, 2018, the Defendant driven the above cargo vehicle on October 30, 2018, and driven the second road in front of the city community center in the Gu and America, along with one lane from the D elementary school to the Gesung Park.

Since there is a road with a restricted speed of 60km per hour, the driver of the motor vehicle has the duty of care to observe the restricted speed and accurately operate the steering wheel, brakes and other devices of the motor vehicle, and to ensure that the driver of the motor vehicle has the duty of care to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and proceeded at a speed exceeding 40 km per hour on the right side of the Defendant’s course by his negligence and thereby, got the front side of the Defendant’s vehicle in front of the victim E (age 66) driving on the right side of the direction of the Defendant.

Ultimately, at around 09:48 of the same day, the Defendant caused the victim’s death by the occupational negligence as above, from the H Hospital located in Gumi-si G in Gumi-si.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, actual condition survey reports and photographs;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines concerning facts constituting an offense;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the victim's negligence in the occurrence of a traffic accident or the expansion of damage, the victim's bereaved family members are not subject to punishment against the defendant, the victim's comprehensive motor vehicle insurance is covered, the defendant does not have the same criminal records, and the defendant is against the defendant, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime are revealed in the arguments of this case.

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