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(영문) 수원지방법원 성남지원 2016.06.17 2014고정1864
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

On July 28, 2014, the Defendant driven a DD Sick Lane car as the business of around 01:35 on July 28, 2014, and neglected the duty of Jeonju City in the front line, while driving a two-lane 354.4 km point at the middle line of the metropolitan metropolitan area, in accordance with the two-lane of the middle line of the metropolitan metropolitan area.

The Defendant discovered the FM car of the E Driving, which was transferred from one lane to a traffic accident (hereinafter referred to as “the primary accident”), and changed the lane rapidly into two lanes.

당시 2 차로에는 피해자 G(50 세) 운전의 H 그랜저 승용차( 이하 ‘ 피해차량’ 이라 한다) 가 위 F SM 승용차를 들이받아( 이하 ‘2 차 사고’ 라 한다), 2 차로로 튕겨 져 나와 정차하여 있었다.

피고인은 앞서 와 같은 과실로 위 디스 커버리 승용차로 이 사건 피해차량의 뒷부분을 들이받아( 이하 ‘3 차 사고’ 라 한다), 피해 자를 차량 밖으로 튕겨 져 나오게 하였다.

Accordingly, on July 29, 2014, around 01:40 on July 29, 2014, the victim died due to the heart suspension due to cerebral transfusion at the Gangseo-dong University Hospital located in Gangdong-dong, Gangdong-gu, Seoul, Seoul (hereinafter the same shall apply). A summary of the evidence is as follows.

1. Partial statement of the defendant;

1. A witness I and each legal statement of the J;

1. Statement made by the witness J in the fourth public trial protocol;

1. Protocol of inspection;

1. A traffic accident report;

1. A death certificate;

1. A photograph of the vehicle involved in an accident [the scene of this case was passed prior to the defendant's negligence];

J With respect to the primary accident, a stop on the sideway by suffering damage.

The defendant's negligence is recognized in light of the fact that the emergency situation, etc. of the Kuneting vehicle was observed in a tunnel, and the remaining water was discovered and speeded in the tunnel, the situation was night at the time and the inside door was a pipe, and the accident place was immediately after the tunnel was absent, and the duty of a high level of prior watch is required to the defendant.)

[The relationship between the third accident and the death of the victim].

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