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(영문) 수원지방법원 안산지원 2014.05.20 2014고단690
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in driving of a DNA vehicle.

On February 9, 2014, the Defendant driven the above vehicle at around 02:20, and proceeded along three lanes from the waterside to the Incheon bank in order to use the four-lane road in the city of Ansan-gu, Seosan-si.

In such cases, a person engaged in driving service has a duty of care to prevent accidents due to the safe driving of a person who is engaged in driving service.

Nevertheless, the Defendant neglected to do so and went on to the left-hand side of the bed side of the bed side (the age of 47) as the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim as a private person due to such occupational negligence as symptoms and scarcity damage.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. A written result of autopsy;

1. Application of the traffic accident actual condition survey report (1) (2) and Acts and subordinate statutes related to the accident;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act (the occupation and death by occupational negligence, the selection of fines);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is as follows: although the victim was killed, it appears that the victim was at night and the victim was in the absence of permission; therefore, the victim's negligence in the occurrence of the accident seems to be large; that the victim's bereaved family members and the victim did not want punishment for the defendant by agreement; that the defendant did not have any other criminal record; and that the defendant did not have any other criminal record.

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