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(영문) 수원지방법원 2013.12.04 2013고단5081
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 00:10 on August 24, 2013, the Defendant: (a) driven a Csch Rexroth car and driven three-lanes of the road in front of the Csch Rexroth 10 U.S.A. in the area of the Suwon-dong, at the upstream of the road from the upstream to the Sp. Sp. Sp., the Defendant did not find out the mawal left by his occupational negligence, disregarding the pedestrian stop signal, disregarding the pedestrian stop signal from the left side of the vehicle where the Defendant was driving the vehicle safely; (b) caused the victim’s death on August 29, 2013, by taking the front side of the said vehicle with the part of the driver’s right side; and (c) caused the shock to the victim’s death on August 29, 2013, by taking the front side of the said vehicle to undergo medical treatment at the A.S. University Hospital’s unit located in the 93 unit in Suwon-gu, Suwon-si on May 29.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes for report on internal accidents (statement E);

1. According to Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, which states that a person who commits a crime has come to his/her own car due to the vehicle stopped in the crosswalk at the time of the accident. On the other hand, the vehicle signal at the time of the accident is a proceeding signal, while the pedestrian signal was a stop signal, etc., the victim’s negligence is deemed to be larger than the fault of the defendant, the victim’s bereaved family members are deemed to have reached an agreement with the victim, the confession is contradictory, and there is no special criminal record other than the fine, etc.

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;

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