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(영문) 인천지방법원 2014.10.27 2014고단6375

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who drives Cone Star Co., Ltd.

On November 24, 2013, at around 20:10, the Defendant driven the above van, and proceeded along the two-lanes of the 1.5km away from the front intersection of the frontwest-gun in the frontwest-gun of the frontwest-do along the direction of the side in the direction of the side. Since there is a very poor visibility with the storm at the night, the driver of the vehicle was obliged to drive the vehicle with due care in the situation of the traffic.

Nevertheless, the Defendant neglected the duty of Jeonju, but tried to find out the victims D and Matoba, which were used on the road above, late to avoid the two-lane due to negligence in the course of duty, and caused the victims to die due to cerebral cerebral cerebralop and nebal damage at the site.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement to E, F, G, H, I, J, and K;

1. Report on a traffic accident, photographs of each scene of accident, weather information of the date of accident, investigation report, photographs of related vehicles, investigation records, reports on each investigation, confirmation of vehicles conducted near the scene of accident, response to requests for appraisal, details of each accident, and results of appraisal;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Caused by Relevant Acts concerning Criminal Facts.

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won; and

2. Determination of sentence: A fine of 5,00,000 won (contributed circumstances) shall be determined by the Defendant’s accident site prior to the fact that the victim driven a motor vehicle on the first line under the influence of alcohol of 0.187% without the driver’s license for a motorcycle and was used on the motor vehicle due to a cause for which it is impossible to know that the victim would have driven the motor vehicle.