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(영문) 창원지방법원 2015.08.12 2015고단1028
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

The defendant is a person who is engaged in driving a C-cruise vehicle.

On January 30, 2015: Around 30: Around 30, the Defendant driven the above car, and led the two-lane road in front of the E factory fixed door in Seongbuk-gu, Sungwon-si, Changwon-si, to a speed of about 60km from the boundary of the Changwon Hospital to the boundary of the Southern Changwon-gu.

At the time, the victim F(46 years of age) was crossing the road, and thus, in such a case, the driver was able to check whether or not there is a person driving the road, and even if there was a duty of care to safely drive the road, the driver was negligent in doing so and the defendant got the victim from the front part of the car driving and got the victim to go beyond the road.

At around 12:15 on February 3, 2015, the Defendant caused the death of the victim by occupational negligence in the H Hospital located in Seongbuk-gu, Changwon-si, Sungwon-si due to the cerebral cerebral Spon, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, photographs of accident scenes, CCTV at accident sites;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order resulted in a grave and irrecoverable consequence of the victim’s death due to the instant traffic accident.

However, the fact that the defendant's mistake is divided and reflected, the victim's bereaved family members do not want the punishment against the defendant in agreement with the victim's bereaved family members, the defendant's primary offender, the defendant's sentence of a suspended sentence or heavier punishment to the defendant is finalized, and the defendant's age, character and conduct, motive, means and result of the crime are the grounds for the suspended sentence or higher.

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