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(영문) 대전지방법원 논산지원 2016.02.02 2015고단599
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 a rocketing car.

On June 2, 2015, the Defendant driven the pertinent car on June 17:35, 2015, and turned back to 4:0,00, to 4:4:00.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly operate the steering system and other devices of the motor vehicle, and to prevent accidents in advance by driving the motor vehicle according to the structure and performance of the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded with it, and caused the victim E (the age of 82) who was walking on the rear side of the direction of the defendant's proceeding, to go beyond the ground floor by shocking the victim E (the age of 82) with the above vehicle driven by the defendant.

Ultimately, at around July 23, 2015, the Defendant caused the death of the victim in the middle-patient hospital, which was located in 14 Doo-ro, 294, from the above occupational negligence, in the middle-patient hospital, 00:32, the Defendant was a citizen of Masan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. A written statement prepared by G;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of the accident scene;

1. Investigation report prepared by the police;

1. Application of the Acts and subordinate statutes governing death, next inquiry;

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, which had been punished several times as a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, was that the Defendant was punished for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and as such, the Defendant again caused the death of the victim, the illegality and the risk of recidivism is small.

subsection (1) of this section.

However, there are two months from the time when the above traffic accident occurred.

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