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(영문) 창원지방법원 거창지원 2014.11.12 2014고단286
교통사고처리특례법위반
Text

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

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 freight B.

On June 30, 2014, at around 10:24, the Defendant proceeded at a speed of about 53 km each hour at a speed of 53 km, depending on one-lane road in front of the sub-village village in order to arrange the transmission of the Chang-gun, Chang-gun, Seoul Special Metropolitan City.

On the other hand, there are three-distance crossings in which traffic control is not performed, so there was a duty of care to check whether a person engaged in driving service has a vehicle, etc. by reducing the speed or temporarily stopping, and to drive the vehicle.

Nevertheless, when the Defendant neglected to do so and proceeded with it, he did not find out the DNA cata, which was driven by C (the age of 85) who was driving on the left side from the right side of the Defendant’s vehicle, in the course of the operation of the Defendant’s vehicle, and instead did not discover the data, he got the victim into the front part of the said data, and went over the floor.

Accordingly, around 12:03 on June 30, 2014, the Defendant caused the death of the victim due to brain damage while receiving treatment from a F Hospital located in Chungcheongnam-gun, Chungcheongnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and traffic accident record and photograph;

1. Application of Acts and subordinate statutes of a death certificate;

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 a fine (the consideration given in favor of the fact that the person committed an offense, committed an error, seems to repent of the offense, committed by his/her bereaved family members, committed an offense, committed by his/her bereaved family members, did not have any previous offense, and appears to have been negligent in the occurrence of an accident even

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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