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(영문) 대전지방법원 논산지원 2015.05.01 2015고단72
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 of B Poter cargo vehicles.

On December 25, 2014, at around 18:05, the Defendant driven the above cargo vehicle, and came to turn to the left at the right of the village hall at 1st, e.g., from 200 to 1st, a side road of the village hall at 22-4, such as the front side of the 1st, e.g., from the

At the time, at night, there is no distinction between vehicular road and delivery, and it was an intersection that does not regulate traffic. Therefore, a person engaged in driving a motor vehicle has a duty of care to prevent accidents due to the safe operation by reducing speed and driving safely by checking well the right and the right of the road.

Nevertheless, the Defendant neglected to do so and got the victim C (the age of 73) who was walking 2 to 10% from the edge of the Roman community center by negligence.

In this respect, the defendant caused the victim's death from the place to the blood shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes of a traffic accident report, a practical survey report, a site photo of an accident, a corpse inspection report, a autopsy report, a certificate of medical records, a copy of medical records, and the next red inquiry report;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

2. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the detention in the workhouse is that the Defendant caused the victim to die by occupational negligence as stated in its reasoning, and thus, the illegality thereof is small.

However, there is a confession that the defendant is repenting of wrong facts, the defendant paid 30,000,000 won to the bereaved family members of the victim and agreed with the bereaved family members of the victim. The bereaved family members of the victim do not want the punishment of the defendant, the above cargo cars operated by the defendant are covered by the comprehensive automobile insurance, and the defendant has so far.

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