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(영문) 수원지방법원 평택지원 2015.12.18 2015고단1519
교통사고처리특례법위반
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Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cargo vehicle as D.

On March 16, 2015, the Defendant driven the above cargo vehicle on March 13:25, 2015, and turned down the three-lanes in front of the 10.8 KK at the parallel of Pyeongtaek-si Highway (Seoul) in the direction of Pyeongtaek-do in the direction of Pyeongtaek-do to about 70km in the speed of the city.

At that time, it is an expressway at the time, and in the front direction of the defendant's proceeding, the fluent car driven by the victim E (e.g., 58 years old) who was punished for trial costs due to a career interference has a dispute over two passengers in front of the HH A-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wing car driven by G. Therefore, there was a duty of care to reduce the speed and prevent accidents by changing the lane.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed, and by negligence at a speed that reduces the speed next to the Defendant’s cargo vehicle, received the part concerning the rear panion part of the said mour vehicle as the front panion part of the Defendant’s cargo vehicle, and due to its shock, received the victim’s right right right right side, which was located on the first-lane of the expressway, as the Defendant’s cargo vehicle was pushed down, as the Defendant’s cargo vehicle was pushed down.

Ultimately, the Defendant caused the death of the victim due to the serious brain ties at the J Hospital located in Pyeongtaek-si I on March 28, 2015, around 09:10 on March 28, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of K and G;

1. A traffic accident report;

1. A death diagnosis report and a written record of autopsy;

1. Application of field photographs, vehicle photographs statutes;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The following shall be applied to the accused applying the sentencing criteria:

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