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(영문) 춘천지방법원 속초지원 2015.02.25 2014고단515

교통사고처리특례법위반

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 member of the company who works in the Korean High Military Branch, and is engaged in the operation of an annual complaint vehicle in the same year.

Around 09:50 on November 20, 2014, the Defendant driven the above-working vehicle and proceeded along the road of the first way in front of the "Sari-gu Public Health Clinics" located in Geumsung-gun, Geumsung-gun, Geumsung-gun, Geumwon-ro, Geumwon-gun, Pyeongwon-gun, Seogjin-do, with one lane from the direction of the unification outlook to the direction of the Mari-ri.

In such cases, the driver has a duty of care to prevent accidents in advance by safely operating the person engaged in driving service with a duty of care to live well in the front, rear, and left and right.

Nevertheless, the defendant neglected to do so and did not discover the victim D (n, 73 years of age) who is walking at the front right side of the defendant's work after the defendant's failure to discover the victim D (n, 73 years of age) due to the negligence that the defendant neglected to do so, and continued to go beyond the road, and the victim's pel part, etc. was set back to the right side of the victim's second right side after the work of the defendant.

Ultimately, at around 10:45 on November 20, 2014, the Defendant: (a) caused the victim to die with an excessive blood transfusion from the 119 first-aid vehicle during transmission to a prompt elementary medical personnel, who was in the Young-gu, Young-si, Young-si, Young-si, 3 (Yang-dong).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. A traffic accident report;

1. A written result of autopsy;

1. Application of traffic accident site photographs, damage photographs and Acts and subordinate statutes;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: Circumstances which are favorable to the fact that the serious result of death occurred: The fact that the victim’s bereaved family members and the bereaved family members have agreed smoothly.