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(영문) 창원지방법원 거창지원 2013.05.29 2013고단135
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Callon 2 Band B.

On March 13, 2013, at around 07:43, the Defendant, at a speed of about 60 km from the long-term distance flooding area to the speed of about 50 km, the road in front of the Chang Changju, Agricultural, Agricultural, Rural, and Rural Cemetery, living together with the head of the Dong-gun, Chungcheongnam-gun, Seoul.

At the time, the Defendant, prior to the same direction, was driving a bicycle driven by the victim D (n, 70 years of age). As such, the Defendant had a duty of care to safely proceed by sending the signal by a horn, etc. according to the road condition, and by sending the signal by a horn, etc.

Nevertheless, when the defendant neglected to do so and negligently passed it, the defendant got the bicycle of the victim who was left left to the left at the left side of the right side of the arm's length of the defendant's vehicle.

around 15:50 on March 13, 2013 due to the above occupational negligence, the Defendant caused the death of the victim with severe cerebral cerebral cerebral tensions due to the balone in the middle-gu E Hospital, Daegu E Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of a traffic accident, field records and photographs;

1. Application of Acts and subordinate statutes of a death certificate;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant traffic accident caused by the instant traffic accident, however, the victim’s bereaved family members do not want the punishment of the defendant, there is no criminal record against the defendant, the defendant has been serving for more than 20 years as a public official, and other factors such as the defendant’s age, character and conduct.

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