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(영문) 서울서부지방법원 2013.04.04 2012고단2558
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C Poter Cargo Vehicle.

On September 21, 2012, the Defendant driven the above vehicle on September 21, 2012, and continued to drive a four-lane road in front of the 486 ambro-dong, Mapo-gu, Seoul at the speed of about 60km from the parallel parallel to the World Cup tunnel.

At the same time, since the signal was an intersection where the signal was installed, there was a duty of care to prevent accidents in advance by safely driving the vehicle according to the traffic signal by reducing the speed and by properly examining the right and the right of the driver.

Nevertheless, the defendant neglected to do so, and caused the change of the crossroad signal to the left turn, and proceeded immediately from the right side of the World Cup tunnel to the left turn pursuant to the new subparagraph, and caused the victim D(54 years old) who was driving at the right side of the upper c ef125 cc driver's vehicle, which was driven by the victim D(54 years old). However, the defendant did not avoid it, but did not go to the right side of the damaged vehicle, and did not go to the right side part of the damaged vehicle.

Ultimately, at around 12:09 on the same day, the Defendant caused the victim to die in the emergency room of the Yangcheon-gu Seoul Metropolitan Government F Hospital at around 12:09.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. An accident site photograph;

1. A death certificate;

1. Application of Acts and subordinate statutes to a written agreement;

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 for punishment;

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

1. The defendant's responsibility is unlimited in that the defendant's negligence on the ground of sentencing of Article 334 (1) of the Criminal Procedure Act, resulting in a serious result of the victim's death. However, there is no other traffic accident or serious criminal record against the defendant, and the vehicle of this case is the vehicle of this case.

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