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(영문) 전주지방법원 2013.05.29 2013고단960
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 4, 2013, around 08:25, the Defendant was a person engaged in driving Cstuna car, and the Defendant proceeded at a speed that would not be able to know from lurri to lurri village, the first line road prior to 31 U.S. Mari-ri, U.S., U.S., Mari-ri, U.S., Mari-ri.

At the same time, it was difficult to string the road as a place of the road, and the road was installed with the central line of yellow-ray, so there was a duty of care to reduce the speed to those engaged in driving of the vehicle and to safely operate the vehicle.

Nevertheless, the Defendant neglected to do so and re-entered the Defendant’s main lane in the front direction, and entered the Defendant’s main lane, but was placed in the front direction to speed up the Defendant’s car at the front direction, and received the roadside trees that are deep on the left side of the said road on the right side of the said vehicle, with the Defendant’s vehicle dissatisfed, while driving the vehicle at the front direction.

On February 4, 2013, the Defendant caused the death of the victim D (the 43 years of age) who was the chief commissioner of the said car due to the above occupational negligence by using the certificate of long-term damage to the dives of the above accident at the site of the accident.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, on-site evidence and photographs of the traffic accident;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and Selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order led to the occurrence of a result that the victim cannot be able to die due to the instant traffic accident.

However, the defendant agreed with the victim's bereaved family members. In particular, the victim's spouse submitted a written application for the carbon of the defendant's wife, and the defendant and the victim transferred to and from work at work at work.

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