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(영문) 수원지방법원 평택지원 2017.05.25 2016고단2857
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of five 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 drives the vehicle B, II freezing.

On October 8, 2016, the Defendant, around 04:16, had a military reading center located in Pyeongtaek-si, Pyeongtaek-si, Dong-dong, from the fung-si surface of the road to the fung-si surface of the road.

At the time, there are nights and rains, and in such cases, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle by accurately manipulating the steering and steering system.

Nevertheless, the Defendant neglected this and caused the negligence of driving a vehicle by neglecting it in the front of the front bank, and caused the breakdown of the victim C(22 3) with the same direction as the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the E hospital located in Pyeongtaek-si D around 04:45 on the same day due to the serious injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Protocol of inspection;

1. Application of Acts and subordinate statutes to a survey report on actual conditions and report on the occurrence of traffic accidents;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

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

1. The sentencing conditions of the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime are determined by comprehensively taking account of the following circumstances under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and other conditions of the sentencing indicated in the record.

- The occurrence of a serious consequence of the death of the victim caused the instant traffic accident, provided that there are some points to be considered in the course of the occurrence of the instant traffic accident; - Aquatic Vehicles are covered by a comprehensive insurance and agreed with the bereaved family members by the Defendant. - There is no history of criminal punishment - The Defendant’s mistake is against his/her own fault.

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