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(영문) 수원지방법원 안산지원 2018.10.18 2018고단2058

교통사고처리특례법위반(치사)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 vehicle Bk5 vehicle volume.

On November 29, 2017, the Defendant: (a) driven a four-lane road in front of the Yongsan-si in Ansan-si, Ansan-si in the direction of Incheon at a water source along the first lane in the direction of Incheon; (b) caused the Defendant to change the course from the first lane in the front bank to the left-hand left-hand one due to the negligence of driving at a speed of 108 kilometers per hour exceeding the speed of 28 kilometers per hour; and (c) by failing to comply with the duty of the front bank in the direction of 28 kilometers;

D Driving vehicle was driven by Defendant 1 as the front part of Defendant 1, the front part of Defendant 1, which was turned down by the center line to the left side of the wind, which was turned down in order to find it late and to avoid this.

As a result, the Defendant caused the victim H (32) who is the passenger of the Defendant’s vehicle by occupational negligence as above, to death with a large amount of sexual intercourses and scarblings around that time. The Defendant suffered from the victim I (21 years old) who is the passenger of the said vehicle with approximately seven weeks of sexual intercourses, and suffered from thrings that require approximately three weeks of medical treatment to the victim F (48 years old) who is the driver of the said vehicle, and suffered thrings that require approximately eight weeks of medical treatment to the victim J (51 years old), who is the passenger of the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement made by the police with regard to F;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to each medical certificate and death certificate;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and dental doctors), Article 3(1) and the proviso to Article 3(2)3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts (the occupation of occupational and dental doctors);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.