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(영문) 수원지방법원 안산지원 2014.01.28 2013고단3080

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of five million won.

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 of Poter Cargo Vehicles B.

On October 16, 2013, the above vehicle was driven at a speed of about 40 to 50km in the speed of Sinsan University, along with one lane in the direction of Ansan University, the two-lane roads in front of the 621-12, Ansan-gu, Ansan-si, Ansan-si, Ansan-si.

A person engaged in driving service has a duty of care to verify and drive the career safety by properly examining the evis-vis-vis.

Nevertheless, due to negligence of driving without neglecting this, the upper right side of the victim C (Nam, 74 years old) crossing the road from the left side of the course direction to the right side of the road.

Ultimately, the Defendant killed the victim as a direct death suspension due to the occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes governing the practical survey report, on-site photographs, reports on the occurrence of traffic accidents, body autopsy report, and postmortem examination report;

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 facts constituting an offense;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act is committed against the defendant, considering the result of the crime, etc., where there are circumstances unfavorable to the defendant, such as the nature of the crime and the fact that the crime is heavy, but the defendant is the primary offender, and the victim is also at considerable negligence in the occurrence of the traffic accident or the expansion of damage. The defendant is anticipated to have suffered considerable damage since the vehicle driven at the time of the traffic accident in this case was covered by the comprehensive motor vehicle insurance. The defendant agreed with the victim's bereaved family members. The defendant is in depth, and the defendant's social relative relation is clear, and the detention of the defendant is accompanied by excessive difficulty to his family members, and the motive and circumstances of the crime in this case are the motive