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(영문) 의정부지방법원 2013.09.17 2013고단2506
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 16:25 on June 14, 2013, the Defendant is a person engaged in driving Crano-car. Around 16:25, the Defendant was driving the said car and proceeded with the first road in front of the Dongyang-gu, Dongyang-gu, Gyeonggi-gu, Dongyang-gu, at a restricted speed of 60km at every hour, and thus, the person engaged in driving business has a duty of care to prevent accidents by complying with the restricted speed and operating steering gear and brakes accurately, but the Defendant neglected the duty of care to prevent accidents. However, the Defendant tried to find and stop the victim D (85 years) who tried to cross the road at the right side from the left side of the Defendant’s running direction to drive the car, but did not move to the victim, and caused the victim's injury to the victim by spreading the driver to the front-hand of the Defendant's vehicle, and caused the injury to the victim, such as an injury to the victim, etc. at the low speed of 13:14:60 on March 14, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A copy of a death certificate and a protocol of autopsy;

1. Application of Acts and subordinate statutes to photographs of, on-site, on-site investigation photographs, or visual closures;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order resulted in the death of the victim due to a traffic accident caused by the defendant's excessive driving. Although the nature of the crime is not good, the fact that the defendant led to the confession of the crime and reflects his mistake, the primary crime is the first crime, the victim's bereaved family members agree with the victim and want his wife, the vehicle was covered by the comprehensive insurance, and the victim's without permission.

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