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(영문) 춘천지방법원 원주지원 2014.08.27 2014고정452

교통사고처리특례법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of a rocketing sports cargo vehicle.

At around 07:00 on March 1, 2014, the Defendant made the turn to the left at about 10 km per hour from the 279 Scong-dong, as Seoju-si, to the scong-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-

Since there are no signal apparatus, the driver had a duty of care to check whether there are vehicles crossing by reducing speed or temporarily stopping the vehicle, and to prevent accidents by safely driving the vehicle.

Nevertheless, even if the Defendant neglected to do so and discovered a motorcycle that was not registered as the victim D (year 21) who was driving along the two-lanes of the opposite direction, the Defendant was negligent in failing to turn to the left, and caused the victim to die due to acute thropical blood and severe cerebral damage at the Hanju Pungba Hospital located in 20 U.S. in 19:18, Apr. 1, 2014.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A death diagnosis report and a written record of autopsy;

1. Application of the traffic accident report (1) (2) Acts and subordinate statutes;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order does not seem to have been excessive in light of the following: (a) even if the defendant had little economic income since his ageed; and (b) the victim died merely 21 years old in this case; and (c) the result is very significant and serious and the defendant's negligence was not significant in the occurrence of an accident, etc.