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(영문) 창원지방법원 진주지원 2015.08.26 2015고단522

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 B-Wood vehicle.

On March 30, 2015, the Defendant driven the said car at around 19:00, and continued to drive the said car at approximately 60km per hour on the side of the creative line office, leading to a road of one lane in front of the DNA funeral hall in the South-west Sea C.

At the time, at night and at the front, there was an intersection, so in such a case, there was a duty of care to see the front side as a person engaged in driving of a motor vehicle and to safely operate the steering and steering gear accurately.

Nevertheless, the defendant neglected this and proceeded with the back part of the bicycle driven by the victim E (year 46) who was driving in the same direction as the defendant according to the right side of the road due to the negligence in the course of the business, which was driven by the defendant, without looking at the right side of the vehicle of the defendant.

Ultimately, the Defendant suffered injury on cerebrovascular due to the foregoing occupational negligence, which led to the death of the victim at the Gyeongdong University Hospital located in Jinju-si around 23:55 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A report on fire-proof accidents (related to shots);

1. A traffic accident report and a traffic accident report;

1. A death certificate;

1. Application of each statute on photographs;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order has caused a serious result that the defendant is the death of a victim due to occupational negligence, and the criminal liability is not minor.

However, the defendant reflects his crime, the vehicle of the defendant's driver is covered by the motor vehicle comprehensive insurance, and the defendant is insured.