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(영문) 광주지방법원 2019.06.13 2019고단978
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a Class B high Class III cargo vehicle.

On February 2, 2019, at around 12:15, the Defendant was driving the cargo at the front intersection of the Circuit Police Station in front of the Seo-An Police Station, which is the Self-Governing Samples of the Yeung-gun, Jeonnnam, to turn to the left from the intersection of the teaching village on the side of the traditional market.

At this point, on-and-off lights and crosswalks are installed, and the passage of ordinary pedestrians and vehicles is frequent. In such a case, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle to prevent accidents by safely driving the motor vehicle, such as checking whether there is a pedestrian or not, and driving the motor vehicle.

Nevertheless, the Defendant neglected this and did not turn left without looking at the front side of the road, and caused the victim to write down the road above the pedestrian crossing by shocking the left part of the victim E (n, 75 years old) who dried up the road adjacent to D from the boundary of the C Bank C Bank CF CF, the top part of the front driver of the above vehicle.

Ultimately, due to the above occupational negligence, the Defendant caused the death of the victim with pressure on brain while receiving treatment at a F Hospital around 22:50 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual survey report on traffic accidents;

1. A death certificate;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to the results of viewing the reproduction of methods CCTV images and CDs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) of the provisional payment order led to the occurrence of the victim’s death due to the instant traffic accident caused by the Defendant. The occurrence of the instant traffic accident is significant and the victim’s negligence is committed.

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