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(영문) 춘천지방법원 2014.03.27 2014고단81
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CPoter II cargo vehicles.

On November 14, 2013, the Defendant driving of the above cargo vehicles around 11:20, and driving a two-lane road in front of the Redcheon-Eup's annual salary, Hongcheon-gu, Hongcheon-do, Hongcheon-do, along one-lane, led to a speed of about 108 km from the south side to the redcheon-Eup bank.

It is a national highway with a restricted speed of 80km and a crosswalk was installed, so there was a duty of care to safely drive the crosswalk by checking whether or not there is a person to build the crosswalk by observing the restricted speed and driving well while driving the crosswalk.

Nevertheless, the defendant neglected this and operates more than 28 km at a limited speed.

Defendant

On the left side of the course, the victim D (71 years of age, n) who was flicking on the right side of the crosswalk was found to be late, and the victim received the victim's right side side side, etc. from the Defendant's cargo blick part, etc. and got the victim over the road.

Ultimately, at around 03:35 on November 16, 2013, the Defendant caused the death of the victim at the F Hospital located in Won-si E in the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a comprehensive analysis of a traffic accident;

1. Application of Acts and subordinate statutes to a copy of a death certificate (D);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant agreed with the bereaved family members, the defendant is an employee of the post office, the accident of this case occurred while performing official duties, the defendant is in depth, the primary offender, and the vehicle of the defendant is covered by the comprehensive motor vehicle insurance.

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