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(영문) 의정부지방법원 2012.12.07 2012고단2759
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is engaged in driving service of B-learning automobiles.

On August 12, 2012, the Defendant: (a) driven the said car on the 21:25th day of August, 2012, the Defendant was driving the said car, and was driving at the speed of about 50 km in the speed of two lanes in front of the new erode underground street in front of the new erode road in the new ero-dong in the erode of the erode of the government city; (b) at the time, the vehicle driver was at night; and (c) at the night, the vehicle driver was negligent in performing the duty of care to reduce speed and prevent accidents in advance while neglecting the duty of care to prevent accidents; and (d) neglected to perform the duty of care at the front of the road in front of the Defendant’s driving direction and operated the c (49 years old) late, with the right edge of the said car without permission from the right side of the Defendant’s driving direction; (d) however, the Defendant was able to take the front head and the right edge of the said vehicle and left.

Ultimately, on August 12, 2012, at around 23:34, the Defendant caused the death of a victim who was receiving a follow-up treatment in an emergency department of the medical hospital at the Government-Si Dental on the foregoing occupational negligence, due to the blood dystroke and brain damage, and brain escape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual survey report on traffic accidents;

1. Protocol of inspection;

1. A death certificate;

1. Accident scene and vehicle photographs;

1. Application of Acts and subordinate statutes to photographs of carcasses;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing grounds for the provisional payment order under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s mistake and reflects properly; (b) the agreement with the victim’s bereaved family members; (c) the victim’s negligence without permission crossing the road; and (d) the Defendant has no record of punishment so far; and (c) the amount of the fine shall be determined by

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