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(영문) 대구지방법원 경주지원 2016.06.29 2016고단56
교통사고처리특례법위반
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 driving of C New Telecommunications Trucks.

On November 10, 2015, the Defendant driven the above vehicle at around 00:50, while driving the vehicle at around 00,00, the Defendant started one-lane of the two-lane roads of the national highways No. 5, No. 7, in front, on the front side of the racing.

At the time of night, a person engaged in driving service had a duty of care to prevent traffic accidents by driving safely, such as taking the front door well, etc.

Nevertheless, the defendant neglected to do so and led the victim F (40) who crosses the road to the right side from the left side of the road by his negligence, to the front side of the driver's seat of the above vehicle.

The Defendant caused the victim to die due to the foregoing occupational negligence in the course of transfer to a hospital around 01:30 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the traffic accident report, accident scene photographs, and autopsy protocol;

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, which caused the instant traffic accident by negligence in violation of the duty of prior notice, resulting in the death of the victim, etc., such as causing the death of the victim, is not that of the crime.

However, the defendant reflects the crime of this case and repents his mistake, the victim's bereaved family members do not want the punishment of the defendant, the defendant is affiliated with the trucking mutual aid association, the defendant's negligence that unauthorized crossing the road installed at the center of late hours seems to have partly caused the accident of this case, and the defendant is still under probation due to the crime of occupational negligence and occupational negligence.

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