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(영문) 창원지방법원 진주지원 2016.03.24 2015고단1315
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 a C-A-hurd motor vehicle.

On October 9, 2015, around 12:10 on October 12:10, 2015, the Defendant, a single-lane dwelling in the direction of Sacheon Elementary School located in Sacheon Elementary School in the direction of Sacheon Elementary School, was proceeding at a narrow speed.

Since this place is a private distance intersection where traffic is not controlled, a person engaged in driving of a motor vehicle who intends to enter the intersection has a duty of care to see the right and the right before entering the intersection and to yield the course to another motor vehicle where there is another motor vehicle in progress on the right side.

Nevertheless, the Defendant neglected this and found the victim F (75 years old) driving G 125CC in the right direction of the Defendant’s vehicle running from the right side to the left side, and received the left part of the above Orala from the front part of the Defendant’s vehicle, thereby allowing the damaged person to go beyond the road.

Ultimately, the Defendant’s negligence on October 10, 2015 caused the death of the victim at the Jinju-ro University Hospital in Jinju-ro 79, Jinju-ro, Jinju-ro on October 10, 2015 due to low blood shock.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. Application of the Acts and subordinate statutes concerning CCTV images, such as field photographs;

1. Article 3 (1) and Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Selection of Fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order and the occurrence of the serious result of the victim’s death due to the instant traffic accident, the Defendant’s liability is not less than that of the crime, but the Defendant’s violation of his criminal act, and the vehicle driving of the Defendant.

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