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(영문) 대전지방법원 논산지원 2015.02.10 2014고단510

교통사고처리특례법위반

Text

1. Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On December 14:30, 2014, the Defendant driven a B Mtran car, and led to the left turn to the right of the front distance of the Geumam, which is located in the Geumamamamamamam-dong, from the direction of the mountain mountain and the right of the view of the mountain.

Since there is an intersection where the red signal is installed, the driver had a duty of care to safely drive the vehicle with due care for other traffic after temporarily stopping the vehicle before entering the intersection.

Nevertheless, the Defendant neglected this and neglected to stop to the left without temporarily stopping, and caused the victim to go beyond the road with the pedestrian aids of the victim C (the south and the age of 80) who was pushing ahead of the pedestrian aids in the direction of the area of the mountain, the area of the mountain and the direction of the viewing of the mountain and the mountain.

As a result, the Defendant caused the death of the victim at around 13:00 on December 3, 2014 by the function division of the multilateral institution.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on D;

1. Each description of the actual condition survey report, accident site photograph, and death diagnosis report, or the application of video-related Acts and subordinate statutes;

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. Although the sentencing reason of Article 334(1) of the Criminal Procedure Act of the provisional payment order led to a serious result of the death of the victim, the victim also has a substantial negligence in the occurrence of a traffic accident, the bereaved family members of the victim and the original agreement is reached, the defendant is the first offender and has a profoundly reflected in the crime, and the vehicle of the defendant is covered by a comprehensive motor vehicle insurance policy, the defendant is selected by a fine, taking into comprehensive account all the circumstances revealed in the oral proceedings, and the punishment is determined as ordered