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(영문) 대구지방법원 상주지원 2013.11.12 2013고단316

교통사고처리특례법위반

Text

Defendant shall be punished by a fine not exceeding eight million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around 17:00 on May 17, 2013, when driving a B K7 car and driving the road from the direction of the Defendant to the right-hand side of the central market, the Defendant failed to discover the victim C(5) who crosss the above road from the left-hand side of the road to the right-hand side of the road and the commercial buildings located on the right-hand side of the road and caused pedestrians to cross the road. In such a case, the Defendant, who is engaged in driving the motor vehicle, failed to perform the duty of care to prevent accidents by operating the steering and steering the steering and steering system accurately and operating the steering and steering system of the motor vehicle, but neglected to do so, caused the death of the victim C(5) who crosss the above road from the road to the right-hand side of the road due to the occupational negligence that caused the death of the victim C(5) on the left-hand side of the above vehicle and caused the victim to 20:20 on the same bridge and the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A death certificate;

1. Application of Acts and subordinate statutes to each accident site photograph;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of an alternative fine (the degree of negligence in the course of performing duties, agreements with bereaved family members, comprehensive insurance, first offense, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;