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(영문) 대구지방법원 포항지원 2014.04.03 2013고단1286

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of 6 million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-to-pur vehicle.

On September 18, 2013, the Defendant driven the above car at around 06:15, and driven the national highway No. 31 in front of the access road to the Saemaeul-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do along the two-lanes of the two-lanes between the 31-lane and the 80km long from the right side of the port of port to the

At the time, there are access roads to the Saemaeul in the career bank, and in such cases, the driver engaged in the driving service has a duty of care to safely operate the steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected to do so and neglected to do so, neglected to perform his duty at front time while driving, and neglected to do so, and took the shock scurfying facility installed on the right side of the roadside into the front part of the said Aburged vehicle by negligence, and due to the shock, the above Aburged vehicle was plicked on the right side, and again received the left-hand column of the height restriction facility installed on the access road to the Saemaeul road at the Saemaeul

Ultimately, the Defendant’s negligence in the above occupational negligence caused the death of the victim C(28 years of age) who was on board the top of the operation of the said vehicle of 19:37, Sept. 20, 2013, at the E Hospital Central Patients’ Office located in Daegu-gu, Jung-gu, Daegu-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning F;

1. Application of the statutes governing the actual condition of traffic accidents;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Fine) of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant is the primary offender, there is no gross negligence prescribed in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and only a relatively minor negligence is recognized, and the victim also is the defendant.