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(영문) 인천지방법원 2013.12.12 2013고단4253
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On June 30, 2010, the Defendant was sentenced to one year of imprisonment for larceny in the Incheon District Court, and completed the execution of the sentence in the previous prison on May 25, 2011.

The defendant is a person who is engaged in driving Csch Rexroth vehicles.

On May 16, 2013, at around 03:15, the Defendant driven the above vehicle, and proceeded ahead of the LH 1 Complex in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, at a speed of about 77 km at a speed of 57 km from the surface of the airport new city to the surface of the air base of the airport, which is about 9-4 minutes from the surface of the air base of the air base of the city.

The defendant, who is engaged in the driving duty, had a duty of care to safely drive the steering gear and the brake system and prevent accidents in advance by safely driving the vehicle, because the crosswalk was at the night at the front of that place and at that time, and therefore, the defendant, who is engaged in the driving duty, had a duty of care to prevent accidents.

Nevertheless, the Defendant neglected his duty of Jeonju City and neglected to do so, and did not discover the victim D(19 years of age) who illegally crossed to India from the two-lanes and three-lanes due to the negligence of proceeding, and received the full part of the Defendant’s car.

Ultimately, around June 17, 2013, the Defendant caused the victim's death by occupational negligence by brain training maths caused by the surgery of the F Hospital located in Jung-gu Incheon Metropolitan City E, Jung-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to A, G, and H;

1. A traffic accident report, a actual condition investigation report, and on-site photographs;

1. Protocol of autopsy and written diagnosis of death;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, investigation reports (Attachment to the current status of personal identification and confinement), and investigation reports (Attachment to a certified copy, etc. of judgment);

1. Relevant provisions of Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 (Selection of Fines) of the Criminal Act concerning facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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