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(영문) 광주지방법원 순천지원 2015.03.06 2014고단2181
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle of the vehicle of the vehicle of the vehicle.

On September 24, 2014, the Defendant driven the said car on September 10:11, 201, while driving the said car at a speed of 33 km from the southwest to the net airside of the 33 km from the southwest.

It is an expressway, and at the time, many people engaged in driving service have a duty of care to reduce speed, to live well on the right and the right, and to accurately manipulate the steering and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant did not discover the victim D(65 years old) who has sent water to prevent secondary traffic accidents on the right side of the said vehicle due to the negligence that the Defendant neglected the above duty of care and found the scene of traffic accidents on the front side, and caused the said victim to fall down by a rail with approximately 70 meters below the above victim due to the shock of the front part of the said vehicle.

Ultimately, the Defendant caused the death of the above victim due to the above occupational negligence, which caused the death of the victim due to the cardiopulmonary death by the rupture of the unit.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Report on the occurrence of a traffic accident;

1. A traffic accident report (1) actual condition investigation report;

1. On-site evidence and photographs;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

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 on the ground of sentencing of the provisional payment order leads to the death of the victim, but it does not seem that the defendant reflects the crime of this case and the degree of negligence of the defendant is relatively heavy.

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