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(영문) 창원지방법원 2013.05.01 2013고단270
교통사고처리특례법위반
Text

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

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 car in a SP area.

On December 27, 2012, the Defendant driven the above car on December 18:30, 2012, and driven it at the speed of 70 km from the Do-dong Village bus stop at the window of Changwon-si to the direction of the flow distance at the speed of 70 km.

At night, there was a duty of care to prevent accidents, such as reducing speed and checking whether there is a person who gets off a way by placing a road well at night, because a streetlight was not installed in the vicinity, and there was a yellow flickering light installed in the front bank, and thus, there was a duty of care to prevent accidents.

Nevertheless, the Defendant neglected this and proceeded as it is, while crossing the road on the right side of the road on the left side of the direction of the road, shocked into the part of the bridge part of the victim E (n.e., the age of 80) on the left side of the vehicle, and due to the shock, the part of the victim's head was faced with the front glass of the vehicle.

The Defendant caused the death of the said victim due to the above occupational negligence, by immediately cutting back cage at the site of the accident.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A scene of an accident and photograph of an accident vehicle;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of 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. Article 334(1) of the Criminal Procedure Act of the provisional payment order causes the death of a victim due to occupational negligence in sentencing, and the result is serious. However, the Defendant’s mistake is against his/her depth, and the victim, who did not pay due attention while cutting off the crosswalk at the start time after the sunset, has a certain degree of negligence.

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