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(영문) 대전지방법원 논산지원 2016.02.12 2015고단611
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 of Chiver vehicle.

On September 22, 2015, the Defendant driven the above car on September 22, 2015, and led to the first lane of the E cafeteria located in D at Seosan-si, Seosan-si, to the direction of the mountain basin in the area of the land market.

Since a vehicle has been parked on both sides of the road, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by reducing speed and safely driving the front side and the left side.

Nevertheless, the Defendant was negligent in neglecting this and driving in front of the instant car driving by the Defendant, which was driven by the Victim F (81 tax) who was driving in the same direction as the victim F (81 tax).

As a result, the Defendant caused the death of the victim from brain damage, etc. at the Gyang University Hospital located in 158, Seo-dong, Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, Seo-do. 20 on September 22, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a traffic accident report, a survey report on actual condition, an accident site photograph, and a death certificate;

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

2. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of a workhouse is that the Defendant, as stated in its reasoning, caused a traffic accident to the victim by his/her occupational negligence, resulting in the death of the victim, such illegality is small.

subsection (1) of this section.

However, there is a confession that the defendant has committed a crime, and the victim's bereaved family members agree with the victim's bereaved family members, and the victim's bereaved family members do not want the punishment of the defendant, the above car operated by the defendant has been covered by the automobile comprehensive insurance, and the defendant has been sentenced to a fine of 50,000 won due to the violation of the Road Traffic Act around 199.

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