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(영문) 전주지방법원 정읍지원 2015.11.26 2015고단475
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On July 25, 2015, the Defendant driven the said rocketing car at around 21:05, and led to two-lanes of roads 143.7km away from the west-gu, Gwangju Metropolitan City to the west-gu, Gwangju Metropolitan City.

At the time of night, there was a duty of care to drive a motor vehicle in a safe manner by thoroughly keeping the front-time time to a person engaged in driving business.

Nevertheless, the Defendant neglected this and neglected to change the vehicle line from the two lanes to the one lane, thereby reducing the speed from the one lane on the front side of the vehicle of the Defendant, and finds late the irregular vehicle in the slowly and avoid collision, the Defendant is keeping to the right side immediately.

도로 우측 가드레일을 피고인의 승용차 앞범퍼 우측 부분으로 들이받고, 그 충격으로 피고인의 승용차가 튕겨 나가 앞범퍼 좌측 부분으로 중앙분리대를 들이받았다.

Ultimately, at around 22:57 on the same day, the Defendant caused the death of the victim D (the 25 years of age), who was on the head of the car operation of the Defendant due to the above occupational negligence, from the emergency room of the Ganwon University Hospital Hospital Hospital located in 895, Yang-si, Jeollabuk-do, Jeollabuk-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement of E;

1. Protocol of inspection;

1. A traffic accident report;

1. Reports on internal accidents (Investigation of the details of accidents and details of the death of a person who has suffered damage);

1. A death certificate;

1. Application of statutes on field photographs;

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 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the victim died due to the crime of this case.

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