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(영문) 수원지방법원 2018.06.14 2018고단2309
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 a 14 ton truck B.

On August 26, 2017, the Defendant driven the above truck on around 22:00, and proceeded along the 5-lane 5-lane 1, in front of the salt farm distance in 77, as in the middle dong-gu Incheon Metropolitan City, according to the middle dong-gu.

At night, the defendant was at night, and the victim C (72 tax) was crossing the road without permission from the right side of the front direction to the left side of the road, so there was a duty of care to safely operate the steering and steering gear by accurately manipulating the front and rear left and right.

Nevertheless, the defendant neglected to take part of the victim's truck as the front part of the defendant's driver's truck and moved it over to the floor, and the victim's head was assigned to the left-hand wheels.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, namely, the death of the victim from the seat.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and pictures related to the case;

1. An analysis of traffic accidents;

1. Application of Acts and subordinate statutes to autopsy records and autopsy records;

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 crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is likely to cause the death of the victim who was unauthorized crossing the road due to negligence committed by the defendant, who was negligent in the front-round situation, leading to the shock of the victim and the death.

However, the defendant recognized the crime of this case and divided his mistake, and the victim who illegally crossed the road at a point where the crosswalk is not installed is negligent in the occurrence of the accident of this case, and the defendant agreed with the bereaved family members of the victim.

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