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(영문) 인천지방법원 2014.11.06 2014고단6376

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 a motor vehicle in DD.

On June 21, 2014, at around 00:55, the Defendant driven the above vehicle and proceeded at a speed of about 70 km from 81 to 20 km in Incheon Yeonsu-gu, Incheon, at a speed of speed of 81 (Song-dong, drown-dong, drown-si), the speed of which is about 100 km in speed depending on the speed of 4rd road from the Incheon, at night, at night, and at the speed of about 100 km. In such cases, the driver of the vehicle was at night, at night, and the rain was installed on the front direction. In such cases, the driver of the vehicle was negligent in complying with the speed of restriction and thoroughlying the front direction of the vehicle, and caused the death of the victim, who dried a pedestrian signal on the right side from the left side of the vehicle driving to the right side of the vehicle, resulting in the death of the victim, and caused the death of the vehicle above the above part of the vehicle by spreading it to the right side.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made by the police of the F;

1. Report on the occurrence of a traffic accident, report on the occurrence of a traffic accident, on-site photographs and photographs of suspects, requests for the provision of signal cycle information, signal cycle signs, suspected vehicles and field photographs, etc., and notification of the results of the analysis of a traffic accident;

1. Application of the Acts and subordinate statutes to autopsy reports and photographs of dead bodies;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts. Article 268 (Selection of Fine)

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won; and

2. Determination of sentence: a fine of four million won (limited to reasonable circumstances) for motor vehicle comprehensive insurance, and the victim.