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(영문) 대구지방법원 2013.12.19 2013고단5350

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-to-pur vehicle.

On June 4, 2013, at around 12:45, the Defendant was in a direct operation of Edson’s front road located in the Geumyang-si Si, Seoyang-si, Yangyang-si, Taeyang-do.

There is a duty of care to keep the center line on the road in which the yellow domin line is maintained, and all drivers have a duty of care to keep the center line on the right side of the center line without breaking the center line.

Nevertheless, the Defendant neglected to do so and did not see the front line, and took part in the front part of the car of the victim C(77 years old) 100G Obababa, the front part of the car of the victim C(77 years old), which took place on the rear door of the Manbaba University at the Manbaba apartment room.

Ultimately, the Defendant caused the death of the victim due to an occupational negligence, such as cerebrovascular, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of a death certificate;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of Article 334(1) of the Provisional Payment Order has resulted in a serious result of the death of the victim. However, the sentence shall be determined as ordered in consideration of the following factors: (a) the defendant reflects his mistake; (b) the victim's bereaved family members do not want the punishment against the defendant; (c) the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance; and