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(영문) 광주지방법원 장흥지원 2014.03.06 2013고단235

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle of the vehicle of the vehicle of the vehicle of the vehicle.

On August 30, 2013, the Defendant driven the said car on August 19:17, 2013, and driven the said car at a speed of about 50km from the Doam-gun, Jinjin-gun to the direction of the entrance of an academic village located in the Ginjin-gun, Gangwon-do.

A person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by accurately operating and safely driving steering steering gear, brakes, and other devices.

Nevertheless, the Defendant did not discover the victim D(73 years of age) who walked opposite to each other while proceeding with his neglect, and had the victim's bridge and head go beyond the dyp field by shocking the front right part of the Defendant's vehicle and shocking the front right part of the vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence, i.e., double alleys and cerebrovasculars.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A traffic accident report;

1. A copy of the inspection report;

1. A death certificate;

1. Application of Acts and subordinate statutes to each photograph (No. 3, 5, 10, 15, 16 No. 3, 5, 16);

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order causes a traffic accident while driving in bad faith and causing the death of the victim, it is deemed that the defendant should be punished strictly. However, the fact that the defendant separates his/her negligence and reflects his/her negligence, there is no previous conviction except for the punishment of a fine once, the vehicle is covered by a comprehensive insurance, and the victim's bereaved family members and the victim's bereaved family members are limited.