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(영문) 대전지방법원 홍성지원 2017.03.08 2016고단875
교통사고처리특례법위반(치사)
Text

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

If 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 C Freight.

On November 26, 2016, the Defendant driven the above vehicle at around 19:30 on November 26, 2016, and driven the three-distance ahead of the “Eel” located in Chungcheongnam Hong-gun, Hong-gun.

At the time, since it was difficult for a person engaged in driving a motor vehicle to get off, there was a duty of care to prevent accidents by reducing speed and properly operating steering gear and brakes accurately.

Nevertheless, the defendant neglected this and got the victim F, who was walking in the same direction as the direction of the defendant's proceeding by negligence, to go beyond the floor of the defendant's vehicle.

Ultimately, the Defendant’s negligence on November 27, 2016 caused the death of the victim from a hospital affiliated to a university affiliated to a single country, which was located in the south-dong-gu, South-gu, East-gu, Seoul, to the end, due to brain death, etc. at around 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes reporting the occurrence of actual investigation reports, reports on the occurrence of traffic accidents and current incidents, recommendation for command, and investigation results;

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 (the time of and against the instant crime, the point agreed with the bereaved family members, and other consideration, such as the defendant's age, sex, environment, and circumstances before and after the instant crime);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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