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(영문) 춘천지방법원 2015.01.12 2014고단974

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 a CMW car.

On April 23, 2014, the Defendant driving the said car at around 05:27, and driving the said car at around 120km each hour according to two lanes from LH apartment apartment room to Amph apartment apartment room.

At the time, the defendant's moving direction is a new wall, and the yellow flickering is operating at the intersection of the defendant's moving direction, so there was a duty of care to reduce the speed prior to the entry into the intersection and to prevent the accident in advance by driving the driver.

Nevertheless, as long as the Defendant neglected this, when the Defendant continued to proceed at the same speed without reducing the speed prior to the entry into the intersection, the victim D (the age of 57) driving from the right side of the Defendant’s running direction to the left side of the E-Poter, which was driven by the victim D (the age of 57) with the left side of the E-Poter, received the front part of the Defendant’s car.

Ultimately, at around 07:30 on May 9, 2014, the Defendant caused the death of the victim due to the cardiopulmonary pulmonary death in the Chuncheon heart hospital due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report on the occurrence of a traffic accident, on-site photographs, actual condition investigation report, traffic accident investigation report, analysis and delivery of results of the traffic accident;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing is agreed with the bereaved family members of the victim, the defendant is the primary offender, the defendant reflects his mistake, and the defendant's driver's vehicle is covered by a comprehensive motor vehicle insurance policy. It is so decided as per Disposition on the grounds above.