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(영문) 대전지방법원 논산지원 2017.10.31 2017고단459
교통사고처리특례법위반(치사)
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Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal records] The defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Cheongju District Court on November 17, 2016, and the judgment became final and conclusive on the 25th of the same month, and is currently under the suspended sentence.

[Criminal facts] The Defendant is a person who is engaged in driving a DNA motor vehicle.

On April 17, 2017, the Defendant came to proceed one-lane in the direction of Daejeon, among the two-lane roads along the area of the branch roads south of Cho-ri-ri, Chon-ri, the Dognam-ri, the Dognam-do.

In such a case, the driver has a duty of care to maintain the distance between the vehicle running in the same direction and the vehicle running in the same direction, so that even if the vehicle is rapidly stopped, the vehicle has a duty of care to avoid the accident by driving so as to avoid the accident even if it stops.

Nevertheless, the Defendant was negligent in driving without neglecting this and was stopped due to the negligence of the Defendant’s failure to stop.

E-Operation's sof-called "Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo]

Ultimately, the Defendant caused the death of the victim I, who is a partner of the said car from the foregoing occupational negligence, due to damage to the two parts at the Ganyang University Hospital located in 158, Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. G statements;

1. A survey report on actual conditions;

1. A death certificate;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, replys to inquiries, investigation reports (verification of the status of the suspect under probation period);

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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