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(영문) 춘천지방법원 2015.11.26 2015고단1019
교통사고처리특례법위반
Text

1. Defendant shall be punished by a fine of KRW 10,000,000;

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cmer trucks.

On August 7, 2015, the Defendant driven the said freezing vehicle on August 7, 2015, and driven the said freezing vehicle on the 09:40-lane, and led to the flow of two lanes each other at a speed of 80 km from the Hongcheon Seaside to the west-do 375.7km away from the Hongcheon Seaside to the Chuncheon River.

At the same time, the EW 740Li car was driven by D, which was driven by D, and F, which was driven by the said BMW car, has been making a hand signal for the vehicle to move out of the car and move behind it. In such a case, there was a duty of care for the person engaged in the vehicle driving business to accurately operate the ebbbbb and steering gear, and to safely drive it.

Nevertheless, the Defendant neglected to do so and did not see the front door, and did not go through the front door, and received the rear part of the said BMW car, which was located in the front door of the said freezing.

Ultimately, around August 11, 2015, the Defendant caused the death of the victim G (V, 16 years of age) who was on board the damaged vehicle due to the above occupational negligence by an I Hospital located in the Seoul metropolitan ditch-gu H, Seoul, resulting in the death of the victim G (V, 22:53 years of age) with the cerebral cerebralop

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of a traffic accident;

1. Each traffic accident report;

1. On-site photographs;

1. A written statement on the occurrence of a DNA traffic accident;

1. A written statement related to each traffic accident prepared by the F;

1. A death certificate of G;

1. Statement made to D by the police;

1. Visual photographs;

1. CCTV photographs;

1. Application of the police interrogation protocol to D

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is that the victim died and the result is very serious, but the victim was aboard.

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