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(영문) 대구지방법원 영덕지원 2014.04.23 2014고단27
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

The defendant is a person who is engaged in driving a B-to-car.

around 18:08 on January 23, 2014, the Defendant continued to proceed with the national highways of about 106 km along with the parallel parallel two lanes adjacent to the sub-sections of sub-sections of sub-sections of sub-sections of sub-sections of sub-sections of sub-sections of sub-sections of sub-sections of sub-sections of sub-sections of sub-sections of sub-sections of sub

At this point, since the restricted speed is 80km per hour, the person engaged in the vehicle driving has a duty of care to observe the restricted speed and to live well on the right and the right and the right and the right and the right and the right of the person.

Nevertheless, the Defendant neglected this and got the victim C (the 79 years old) crossing the road from the left side of the course to the right side when he was negligent in driving the speed exceeding 26 km per hour, and got the victim C (the 79 years old) to the front part of the passenger car.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused;

1. Statement made to D by the police;

1. A written statement of the accused involved in traffic accidents;

1. Records of seizure and the list of seizure;

1. A written result of autopsy;

1. Application of Acts and subordinate statutes to a traffic accident report, actual condition survey report and photograph, the ledger of driver's license, car driving license, red inquiry, resident inquiry, investigation report (Notification of the results of the investigation and analysis by the Road Traffic Authority on the speed of an accident vehicle);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act (Consideration of Fine, Negligence Negligence, the defendant does not have the same past, and the fact that he/she has agreed with the bereaved family of the victim);

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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