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(영문) 창원지방법원 거창지원 2014.10.29 2014고단255
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 car in a SP area.

On June 28, 2014, at around 11:55, the Defendant came to turn to the left at a speed of about 10km at a speed of about 10km from the math of the drinking village to the eth of the drinking village hall, which is located in the Dori-ri-ri, Dori-ri, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

In this case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle by reducing the speed of the front and rear left, and accurately manipulating the steering and brakes.

Nevertheless, the defendant neglected to do so and proceeds as it is.

At the time, the victim D (the age of 61) who was sitting on the road on the front direction of the vehicle running by the defendant at the time was not found, and the victim was the front part of the defendant's vehicle.

Ultimately, around 12:37 on June 28, 2014, the Defendant’s occupational negligence caused the death of the victim by a low-blood shock (presumed) from a medical corporation, the Alim Medical Foundation of the Alim Medical Foundation, which is located in the area of 16-28, Chang-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Seoul, to the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, and records and photographs of traffic accidents;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of fines;

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 ground of sentencing of the instant case where the death of the victim was caused by the instant crime falls under the unfavorable circumstances against the Defendant. However, the fact that the Defendant has committed all the crimes, appears to have been committed, and that his mistake appears to have been divided, and that it would not have been easy to find it because the victim was seated near the vehicle, and that the Defendant volunteer service activities.

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