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(영문) 수원지방법원 2018.06.14 2018고단1757
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 car in a halog halog Gu.

On November 10, 2017, the Defendant driven the said car at around 21:35, and continued to drive the said car at approximately 110 to 117km each hour, depending on the direction of the tent, at a point of 6.3km away from the 1,000, the 3-lane road at a point of 6.3km away from the 1,000 Sinju-Eup Sin-ri, in the right direction.

At night, there was a situation where it is difficult to secure the view at the time, and the victim D (the 40-year-old driver)'s rocketing car was stopped due to the preceding accident, and the F, a cargo driver's driver, sent a signal to the effect that he would stop on the three-lanes in the front direction, and thus, the Defendant was obliged to pay a duty of care to reduce speed and drive the steering direction and the brake system accurately, thereby preventing accidents in advance.

Nevertheless, the Defendant neglected to do so and went through as it is, by negligence, received the right side part of the said rocketing car from the Defendant’s driving to the front part of the Defendant’s driving car in front of the Twit-gu car, and received the victim who was in front of it.

Ultimately, the Defendant caused the victim's death by occupational negligence, i.e., damage from the seat, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident report and evidence and photographs of the scene of the accident;

1. Each request for appraisal and reply (No. 32, 33 No. 53);

1. Reports on internal investigation (for statements made by persons involved in an accident), reports on internal investigation (for the second accident time), reports on internal investigation (for additional statements made by persons involved in an accident, for the second accident time), reports on internal investigation (for additional statements made by persons involved in an accident), and

1. Application of Acts and subordinate statutes to dead bodies;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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