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(영문) 춘천지방법원 원주지원 2016.02.02 2015고단1062
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a Cbee or a car.

On September 23, 2015, the Defendant driven the above vehicle on September 18:45, 2015, and driven the road of Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do at the speed of 50 km.

At the time, since there was a time of sunset, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle while checking the traffic situation more well and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and did not discover the victim E (68) who was driving a horse prior to the Defendant in the front direction of the Defendant, and received the part of the vehicle loaded with the driver while driving the horse prior to the Defendant.

Defendant 1 caused the said victim’s death by negligence in the above occupational field, such as “damage to the symptoms” at the Symna Hospital in the Symna City of the 19:51 on the same day at the Gymna City of the Gangwon-do of the Republic of Korea, which is located in the 20th day of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Protocol of inspection;

1. A report on the occurrence of a traffic accident (vehicles), a report on a traffic accident (1) (2), and an on-site photograph;

1. Application of Acts and subordinate statutes on death, death, and photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The victim died due to the traffic accident caused by the Defendant’s reason for sentencing of Article 334(1) of the Criminal Procedure Act.

However, it is difficult to find out the victim's light flag in advance at the time of the accident, and the victim's light or reflect, etc. was not installed at all on the back of the light flag operated by the victim.

In addition, the defendant's mistake is against the defendant.

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