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(영문) 청주지방법원 충주지원 2013.08.30 2013고단436
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 driving a Dbee or a passenger car.

On June 17, 2013, the Defendant driven the above vehicle on June 23:00, and proceeded straightly from the entrance side of the apartment complex of Yongsan-gu, Yongsan-gu, an apartment complex of Yongsan-gu, which is located in Yongsan-do, to the intersection of the Ansan-gu, one-lane between three-lanes.

At the time, the road is crossing the road from the left side of the vehicle driven by the defendant under the influence of alcohol of E, a victim, to the right side of the vehicle.

In the middle of the accident point, the driver engaged in driving service has a duty of care that could not drive at such a speed or in such a way as to give any danger and obstacle to others, and thus, the driver engaged in driving service has a duty of care.

Nevertheless, the defendant's negligence of neglecting the front-time, led to a shock of the victim's left-hand head part before the left-hand side of the driver's vehicle.

Ultimately, the Defendant caused the death of the victim E due to the above occupational negligence due to brain damage caused by two opens of the two cells.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. A corpse of corpse;

1. Application of the Acts and subordinate statutes of sending a comprehensive traffic accident analysis;

1. The punishment indicated in the records, such as the relevant legal provision on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act; Article 268 of the Criminal Act; Article 268 of the defendant's agreement with the victim's bereaved family members; the defendant purchased a comprehensive insurance policy for the instant vehicle; the occurrence of the instant traffic accident; the victim's negligence is very significant; there is no criminal punishment against the defendant; the defendant seriously reflects the crime; and the defendant's age, character

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