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(영문) 광주지방법원 목포지원 2016.05.27 2016고단113
교통사고처리특례법위반
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 duty of driving Category C cargo vehicles.

On November 15, 2015, the Defendant driven the above cargo vehicle around 14:45, and led to the speed of about 40 km at a speed of 40 km from the direction of the air-proof room to the air-proof room for the front of the previous newanan-gun.

In this case, the driver of a motor vehicle has a duty of care to prevent the fall accident of a person who is on board a motor vehicle by accurately manipulating the steering gear and brake system even if he/she was unable to load the cargo vehicle, and the driver of a motor vehicle has a duty of care to prevent the fall accident.

Nevertheless, the defendant neglected this and caused the victim E (62) to load the above cargo, and caused the victim to fall off to the road by neglecting to accurately operate the steering gear and brakes.

Ultimately, at around December 1, 2015, the Defendant caused the death of the victim by occupational negligence due to serious injury to during treatment in G convalescent Hospital located in Gwangju North-gu, Gwangju, due to serious injury to during treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H and I;

1. A survey report on actual conditions;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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 provides that the defendant recognized the crime of this case and reflects it, the victim's negligence is also significant in the process of the crime of this case, the victim's bereaved family members and the victim's smooth agreement is reached, and the defendant's age, sexual conduct, family relationship, environment, circumstances and result of the crime, and other circumstances shown in the arguments of this case, including the circumstances after the crime, shall be considered comprehensively and decided as ordered.

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