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(영문) 대전지방법원 2015.04.15 2015고단129

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle with DD driver's license.

On November 17, 2014, the Defendant driven the above car on 04:15, and driven the two-lanes of the new interest distance from Sbbebbes-distance to the East Elementary School at the speed of about 40km from the border of Hobbes-distance to the East High School at the speed of about 40km.

At the time, the location was an intersection where a red flickering lights are installed, so in such a case, the driver had a duty of care to temporarily stop the traffic before entering the intersection and to check the traffic situation and safely enter the road.

Nevertheless, the Defendant neglected this and took part of the victim E(64 years old) driving in accordance with yellow-off signals from the right-hand side of the Defendant’s course to the left-hand side of the victim E(64 years old) driving by neglecting it, and received the front-hand part of the driver’s car.

Ultimately, on December 20, 2014, the Defendant: (a) caused the victim to die from an external shock show caused by external shock, etc. at the Gi University Hospital, which was located in Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, 95, due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The actual condition survey report;

1. Photographs;

1. A death certificate;

1. An investigation report (in cases of an accident time, specific circumstances, and investigation related to the proviso of the same Article);

1. Application of the Act and subordinate statutes of Vietnames to data on the operation of traffic signal control equipment;

1. A fine under Article 268 of the Criminal Act concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act: Consideration of the initial crime, reflectivity, agreement, comprehensive insurance coverage, circumstances of accident, violation of duty of care, negligence

1. Articles 70 (1) 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;