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(영문) 인천지방법원 2015.04.01 2015고단260
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On November 18, 2014, the Defendant is a person who is engaged in driving Cststuna car. On November 18, 2014, the Defendant: (a) operated the said car around 18:05, and (b) proceeded at a speed of about 69 kilometers per hour from the surface of the inspection to the surface of the sub-project in the speed of about 69 kilometers in the direction of the sub-project; and (c) in such cases, there was a duty of care to prevent accidents in advance by reducing the speed of the car and driving the road in a safe manner by driving the car at a speed of 69 kilometers in the Incheon Seo-gu Incheon Metropolitan City.

Nevertheless, the Defendant neglected to drive his vehicle and then found the victim D (the age of 56) who crosses the road from the right side to the left side of the front bank and operated it late. However, the Defendant did not avoid it and received the victim in front of the left side of the passenger vehicle of the Defendant and caused the victim to die due to the diversal typosis and cerebrovassis during the transfer process before arrival at the hospital at around 18:28 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A survey report, on-site photograph, notification of the results of a traffic accident analysis, vehicle black images, video image, and motion picture for change in body;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the selection of fines;

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

1. Selection of a fine in light of the fact that the defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order are against the defendant, the primary offender, the subscription to a comprehensive insurance, the bereaved family members of the victim's agreement to pay the amount of KRW 20 million, the victim's negligence also is significant, etc., but the punishment as set forth in the disposition shall be determined in consideration of the fact that the defendant's negligence cannot be deemed to be small, the damage is heavy

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