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(영문) 전주지방법원 2013.04.24 2013고단110
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 17, 2012, the Defendant is a person who is engaged in driving Cart-type passenger vehicles. On December 17, 2012, around 07:25, at approximately 700 meters away from the direction of the starting point of the Osan Village located in the Sinju-gun, U.S.-gun, U.S., to the speed of about 60km in speed from the direction of the Seocheon-do.

At that time, the center line of yellow solid lines is installed, and there is a concern about the ice flaging of the road, so there was a duty of care to safely operate the steering gear accurately and reduce the speed in advance to those engaged in driving motor vehicles so that the center line may not be invaded.

Nevertheless, the Defendant neglected to proceed at such speed as above and operated a sudden brake, thereby resulting in the negligence that caused the said vehicle to be cut on the road, and received the front portion of the said vehicle from the victim D(63) in the opposite direction of the Defendant, in front of the said vehicle driving by the Defendant.

The Defendant caused the death of the victim D by occupational negligence as above, and the victim F (year 62) and G (year 53) who was on board the said van was inflicted on the victim F (age 62) and G (age 53) for about three weeks of medical treatment, and the Defendant sustained the injury of the tension and the tension.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning H, F, and G;

1. The actual survey report on traffic accidents (1) and (2);

1. Application of Acts and subordinate statutes to death certificates and medical certificates;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The occurrence of the serious result of the victim’s death due to the instant traffic accident, which led to the choice of a fine to choose a sentence, is disadvantageous to the Defendant. However, there are grounds to consider that the instant accident occurred as the Defendant’s vehicle was dissatisfed on the iceway.

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