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(영문) 대전지방법원 2014.11.26 2014고단3589
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 12, 2014, the Defendant is a person engaging in driving Cate Passenger Vehicles. On July 12, 2014, the Defendant: (a) around 20:15, the Defendant took up two-lanes at the speed of about 113 km at the speed of speed from the 3rd side to the 113 km of speed from the 3rd side of the YYY-gun, Chungcheongnam-gun, Chungcheongnam-gun, Sudo-gun; (b) on the part of the 80 km at the speed of restriction; (c) in such cases, the Defendant was negligent in performing the duty of care to safely drive the road from the right side to the left side of the road; and (d) caused the victim’s death to the left side of the road from the 21st side of the said vehicle due to the negligence of the victim’s brain injury in the course of performing the duty of care to safely drive the road from the 33 km of the said speed to the left side of the road on the left side of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site data photographs;

1. Comprehensive traffic accident analysis and response;

1. Application of Acts and subordinate statutes concerning autopsys;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is to be ordered as ordered by considering all the following circumstances.

b. favorable circumstances: The fact that the facts of crime are recognized and reflected, the victim's bereaved family members and the victim's family members agreed to have been covered by a comprehensive insurance, and the victim's negligence is not significant in the occurrence of the instant accident: Other unfavorable circumstances such as the result of the accident is very serious: It is so decided as per Disposition on the grounds above such as the content of the violation of the duty of care, the age of the

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