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(영문) 춘천지방법원 강릉지원 2013.03.27 2013고단12
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 a Clearning car.

At around 17:30 on December 11, 2012, the Defendant driven the said car, and turned down at a speed, where it is impossible to see the entrance side of the parking lot on the side of the medicinal wave parking lot located in Gangseo-si, Gangseo-si.

At the time, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely checking whether there is a person who is going to know well before and after the end of the night.

Nevertheless, the Defendant neglected this and did not discover the victim D (73 years of age) who was towing the Defendant's car behind the Defendant's car due to his negligence, and did not discover the victim D (the 73 years of age). The Defendant followed the Defendant's car and got the victim to go beyond the ground.

Ultimately, the Defendant caused the victim’s death by negligence on December 16, 2012, which caused the death of the victim to the escape from the cardiopulmonary circulation due to severe cerebral cerebral cerebralop, which was being treated by the hospital in Gangseo-si around 14:34, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a traffic accident report, traffic accident report report, actual survey report, photographs of the scene of the accident, death certificate, and victim photograph;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) under Article 334(1) has caused the victim’s death by neglecting his/her duty of care while driving the vehicle, resulting in the victim’s injury. Accordingly, the victim’s bereaved family members suffered a big mental shock.

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