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(영문) 전주지방법원 정읍지원 2013.05.02 2013고단144

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a pressal cargo vehicle B.

On January 17, 2013, the Defendant driven the above vehicle at a speed of about 63 km in speed from the right side to the right side of the front road of the passenger capital industry located in the grost of Tae-Eup in order to drive the said vehicle at a speed of about 63 km in speed from the right side of the right side to the right side of the right side of the north.

At the time, it was difficult at night, and in this case, a person engaged in driving of a motor vehicle had a duty of care to safely drive the steering wheel and brakes by accurately operating the steering wheel and brakes.

Nevertheless, the Defendant neglected to do so and neglected to do so, and found the victim C (the age of 81) who crosses the road without permission from the right side due to the negligence of the late progress, and did so late to the left side, and did so, but did not avoid any shock, and did not shock the victim's body part as the front part of the pressur cargo vehicle.

Ultimately, the Defendant caused the victim C to die at the above date, time, and place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report, on-site photograph, body photograph, body postmortem examination report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the determination of punishment as ordered in the light of all the circumstances, including the selection of a fine, the confession and reflection thereof, the subscription to a comprehensive insurance, the fact that the victim's negligence is considerable, the fact that there is no record of punishment for the same kind of crime);

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

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