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(영문) 수원지방법원 안양지원 2014.04.10 2013고단1680
교통사고처리특례법위반
Text

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

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 non-fuse vehicle C.

On July 29, 2013, the Defendant driven the said car on July 19, 2013, and driven it along the front of the new engineer distance in the Dong-gu Hodong-dong during the Ansan-si period along the six-lanes from the water source to Seoul.

At this point, there is a duty of care to safely proceed with the intersection by reducing the speed and checking the right and the right and the right and the right of the driver of the motor vehicle, because the signal is an intersection where the signal is installed and the defendant immediately enters the intersection as soon as the signal is changed to a yellow signal.

Nevertheless, due to the negligence of neglecting this, the Defendant was driven by the victim D(the age of 46) who was going to cross-section from the right side of the course of the Marina to the port in accordance with the straight line from the right side of the running direction of the Marina. 1, 200.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the former F Hospital during the period of Ansan-si around 14:50 on August 6, 2013.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning G;

1. A traffic accident report;

1. A death certificate;

1. Application of the Acts and subordinate statutes to cover the case-related photographs and booms video images

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order lies in the occurrence of a large accident where multiple vehicles stopped at the intersection with the victim's driver's car after being driven by the defendant, resulting in the death of the victim in the event the driver's car turns out after being driven by the victim, and the nature of the crime is heavy.

However, the fact that the defendant is the first offender, the defendant paid 20 million won to the victim's bereaved family members, and an agreement has been reached.

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