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(영문) 창원지방법원 통영지원 2014.03.28 2013고단995
교통사고처리특례법위반
Text

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

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 Cren car.

Around 07:30 on October 1, 2013, the Defendant driven the said car and proceeded two lanes in front of the red road located in the Pyeongnam-si, Gosung-gun, Gosung-gun, Gosung-si, in a two-lane speed from the original city to the Si 60km from the original city to the Si Do.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front door, steering and brakes.

Nevertheless, the Defendant: (a) reported on the driver’s seat meter that the vehicle door is opened; (b) neglected to check the locking of the vehicle door; and (c) instead neglected to properly operate the steering gear, and instead instead instead instead, instead instead instead instead caused the Hand to the right part of the vehicle’s front and right part of the vehicle’s driving direction; and (d) received red-hick rail at the right side of the vehicle’s driving direction.

Ultimately, at around 10:37 of the same day, the Defendant caused the death of the victim D (the age of 62) who was on the back seat of the said passenger vehicle due to the above occupational negligence by the injury of the chest at the emergency room of the E Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition of traffic accidents (1) (2);

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 the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Criminal Act, and the selection of fines (including the first offender, agreed point, and reflective points);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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