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(영문) 대전지방법원 논산지원 2015.07.28 2015고단230
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When 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 set of automobiles B.

On April 5, 2015, the Defendant continued to go from Daejeon to Daejeon, along with the two-lane road in front of the gold-frequency 2nd parallel, which is located in the Simsan-si, Seosan-si.

At the time, since the driver was at night and there was a rain, there was a duty of care to prevent accidents by reducing speed and driving safely by checking well the right and the right and the right of the driver.

Nevertheless, when the defendant neglected this and proceeded without permission from the left side of the Roman road, the defendant received the front part of the above car driving by the defendant.

In this respect, the Defendant caused the death of the victim of the E Hospital located in Egusan City D on April 5, 2015 due to the cerebral cerebral cerebral cerebral cerebral tymosis.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a traffic accident report, actual condition investigation report, photographs of the scene of the accident, death certificate, and autopsy report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the

2. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the detention in the workhouse is that the Defendant caused the victim to die by occupational negligence as stated in its reasoning, and thus, the illegality thereof is small.

However, it is necessary to comprehensively consider various circumstances shown in the arguments of this case, such as the fact that the defendant is dissipated and led to a mistake, that the defendant agreed with the bereaved family members of the victim, that the bereaved family members of the victim do not want to be punished by the defendant, that the defendant does not have any criminal punishment so far, that the above car operated by the defendant has been covered by the comprehensive automobile insurance, and that the defendant was covered by the age, character

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