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(영문) 인천지방법원 2013.07.17 2013고단2566
교통사고처리특례법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B AR car.

On February 13, 2013, the Defendant driving the said car at around 23:50, and driving the said car at around 46 minutes in front of the main office of the French Republic of Korea, which is located in the Cheongpyeong-gu, Cheongpyeong-gu, Gyeonggi-gu, Gyeonggi-do, led to a two-lane road in the direction of Seoul from the Chuncheon to the direction of Seoul at about 80km.

At the time of night, the distance in the front is very short, so a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the front door.

Nevertheless, the Defendant neglected this and found the victim C(17 years of age) who was in a single-lane due to negligence of neglecting it, and was working late to avoid this, but did not avoid any action, and tried the victim.

Ultimately, the Defendant caused the death of the victim by occupational negligence, such as multiple, long-term damage, etc., at the site.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on a written autopsy;

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 to attract a workhouse;

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized his mistake and reflects his mistake, that the deceased is a traffic accident under the influence of alcohol on the national highways separated from the central level at night, that the vehicle is a comprehensive motor vehicle insurance contract, that the deceased's bereaved family members and the bereaved family members agree on this case, that there is no history of punishment heavier than the fine, that there is no history of punishment heavier than the fine, and that there is no history of punishment heavier than the fine, and all other sentencing conditions such as the defendant's age, character and conduct, family environment, etc. are considered.

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