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(영문) 청주지방법원 2015.09.15 2015고단786
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle at C.

On April 12, 2015, the Defendant driven the above car on April 21, 2010, and continued to drive the above car in accordance with two-lanes of the two-lanes of the Cheongju-si road located in the inland Eup in the petition-gu, Cheongju-si.

At night, in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering, steering and brakes to those engaged in driving business.

Nevertheless, the defendant neglected to go on the front side of the vehicle of the defendant, and caused the victim D (the age of 61) who illegally crossed the right from the left side of the running direction of the defendant to the front side of the vehicle of the defendant.

Ultimately, at around April 12, 2015, the Defendant caused the death of the victim due to the damage of head at the above place on April 12, 2015 by occupational negligence.

Summary of Evidence

1. Legal statement of witness E;

1. Police suspect interrogation protocol of the accused;

1. A corpse of corpse;

1. Application of the Act and subordinate statutes concerning field photographs, screen pictures, black stuff images to photograph them, and “one black stuff CD”

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 an alternative fine for punishment;

1. The defendant and his defense counsel did not neglect the duty of care at all times under Articles 70(1) and 69(2) of the Criminal Act for the detention of a workhouse, thus asserting that they are not guilty.

However, at the time of the accident, the victim was crossing the right side from the left side of the running direction of the defendant at the time of the accident as the two-lanes of the two-lanes of the two-lanes through the intersection where there is no crosswalk, and the victim seems to sound the light after entering the intersection, and at the time of the accident, it was very difficult at night at the time of the accident.

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