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(영문) 대구지방법원 2016.02.02 2015고단6025
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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 of C1 ton cargo vehicles.

On October 16, 2015, the Defendant driven the above cargo vehicle around 12:30 on the 16th of October, 2015, and led to a road of one-lane in front of the charging station E, located in the Gyeongsan-si, Gyeongbuk-si, Gyeongbuk-do, to the lower side of the direction.

Since there is a road where the center line of yellow solid lines is installed, there was a duty of care for those engaged in driving of motor vehicles to fluorize the center line and not to make a U-turn.

Nevertheless, the Defendant neglected this and got the front part of the GOtoba, which was driven by the Victim F (59 tax) who was going behind the direction of the Defendant due to the negligence of her snicking the center line, to go beyond the road by taking the front part of the GOtoba, which was driven by the victim F (59 tax).

Ultimately, the Defendant caused the death of the said victim by occupational negligence at the I Hospital located in the Daegu Dong-gu, Daegu-gu, where he was under the treatment of transmission after October 16, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A death certificate;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a traffic accident report and a survey report on actual condition;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Criminal Procedure Act, which resulted in the death of the victim due to the negligence of the defendant's driving, so the criminal liability of the defendant shall not be minor;

However, the sentencing conditions such as the defendant's age, sex, environment, and circumstances after the crime shall be determined as follows: Provided, That the punishment as ordered shall be determined in full view of various sentencing conditions, such as the fact that the defendant is repenting and against the defendant's mistake, the fact that the defendant has no record of criminal punishment, the driving vehicle has been covered by the comprehensive motor vehicle insurance.

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