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(영문) 광주지방법원 순천지원 2016.11.02 2016고단1567
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of eight 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 driving of a fixed cargo vehicle D.

On July 13, 2016, the Defendant driven the above cargo vehicle around 08:35, and proceeded at a speed of about 50 km from the west-Eup to the west-do Office of Posk-si to the Posk-do Office of Posk-si, the Posk-gun, the Posk-gun, the Posk-gun, the Posk-gun, the Posk-gun.

It is a bend road. Since there are access roads to bus platforms and villages, there are many people crossing the flat road, and traffic accidents have occurred frequently, there was a duty of care to safely drive the vehicle and prevent accidents in advance by checking whether there is a person driving the vehicle with a duty of care to reduce speed and to see well.

Nevertheless, the Defendant neglected this and proceeded without reducing speed in front, and found the victim E (V) who crosses the road from the left side to the right side of the road, delayed finding the victim E (V) who crosss the road to the right side of the road, and got the victim to go beyond the ground due to the shock.

Ultimately, the Defendant caused the death of the victim by occupational negligence, such as the blood shock shock, etc. at the Goungung-gun, Goung-gun, Goung-gun, Goung-gun, who was treated at around 11:55 on July 13, 2016, in the course of the treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. On-site map of a traffic accident, the actual survey report of a traffic accident, and on-site evidence photograph of a traffic accident;

1. Application of Acts and subordinate statutes concerning death, postmortem examination report, and postmortem examination report;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the 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 on the ground of sentencing of the instant order for provisional payment is not easy for the victim to die, etc.

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