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(영문) 청주지방법원 충주지원 2015.05.08 2015고단76
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 6,000,00. If the Defendant fails to pay the said fine, then 100.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Cro-cab.

On January 26, 2015, the Defendant driven the above taxi on January 13:25, 2015, and driven the two-lane road in front of the E in Chungcheong City D along the speed of about 91km from the main direction to the direction in Chungcheong City.

At that time, the speed limit is 60 km per hour. At that time, there was a duty of care to prevent accidents in advance by ascertaining whether a person engaged in driving a motor vehicle has a duty of care to reduce speed and to properly see the front left door.

Nevertheless, the defendant neglected this and caused the victim F, who illegally crossed a road from the right side of the proceeding direction to the left side of the road by the negligence that operated the restricted speed more than 31 km per hour, to go beyond the road.

Ultimately, around January 26, 2015, around 17:05, the Defendant caused the death of the victim due to such occupational negligence at the Gan National University Chungcheong Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, actual condition survey reports, comprehensive traffic accident analysis reports, and photographs;

1. A death certificate;

1. Application of the Acts and subordinate statutes on the request for reply and operation;

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 (1) 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 order of provisional payment has a heavy result of the victim’s death due to the instant traffic accident, and the criminal nature of the defendant is heavy.

However, it seems that the defendant violated the crime and agreed with the bereaved family of the victim, it seems that it was difficult to secure the view by leaving the house at the time of the accident, the victim was negligent in crossing the road without permission, and the defendant since 190.

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