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(영문) 의정부지방법원 2013.11.08 2013고단3105

교통사고처리특례법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving CYF Launa car.

On August 17, 2013, the Defendant driven the said car at a speed of about 60 kilometers per hour among the two-lanes with the front roads of 101 Yani-Eup Scam Scam Scam Scam Scam Scam-type 101 in two-lanes of the two-lanes.

At the same time, there was a situation where the house is nearby and it is difficult to secure the view at all times due to the fact that the house was kept as a late-time.

In such cases, the driver had a duty of care to prevent accidents by safely driving by considering the traffic conditions on the right and the right and the right and the right and the right and the right and the right of the driver.

Nevertheless, the defendant neglected to do so and continues to proceed with it.

At the point where the accident occurred, the victim D(W), who crosses the road to the right side from the left side of the accident, did not witness the victim D(W, age 81) and was able to reach the right side of the victim's front side of the vehicle driving by the defendant, and led to the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Report on traffic accident (report on actual condition of traffic accident 1,2);

1. Photographss of damaged vehicles and photographs of accident site;

1. On-site photographing of a traffic accident;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes to a photograph by cutting a black stuff image;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. The defendant's responsibility is heavy in that there is a serious result of the victim's death due to the negligence of the defendant's reason for sentencing of Article 334(1) of the Criminal Procedure Act.

However, the defendant agreed with the bereaved family members, and was covered by a comprehensive insurance, and the victim was also in the state of being examined during night.