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(영문) 대구지방법원 상주지원 2019.06.11 2019고단76
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of seven million won.

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 the operation of Bsch Rex sports cargo vehicles.

On February 25, 2019, at around 18:43, the Defendant driven the above cargo vehicle, and was living at the middle of the Dong in order to proceed with the bridge of the Gangwon-do in the middle of the road at the seat of the Nakdong-dong.

Since there is a road where street has not been installed and the view has not been secured, there was a duty of care to prevent traffic accidents by driving a person engaged in the driving of a motor vehicle with a duty of care to live well before and after the vehicle.

Nevertheless, due to the negligence of neglecting this, the Defendant received the rear part of the victim C (Nam, 68 years old)'s cargo loaded on the left-hand side of the cargo loaded on the road in the same direction from the front side of the driver's cargo vehicle of the Defendant, as the front side of the cargo vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence in the E Hospital located in D at around 20:43 of the same day, such as cage cages and frys.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

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

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) 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 against the defendant's wrongness, and the light string immediately after the opposite vehicle from the bridge was shocked at night. According to the Defendant's vehicle black image, the light string machine cannot be identified up to 18:43:10 seconds immediately before the parallel, and the part on which the light string 18:43:11 seconds immediately after the parallel begins, and 18:43:12 seconds at the time, the light of the parallel string vehicle without the rear light or reflector.

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