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(영문) 의정부지방법원 고양지원 2013.11.07 2013고정1338
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On January 31, 2013, the Defendant driven a low-priced car at B around 23:15, and led to the driving of D's front road at C at the time of Pakistan along one-lane from the Eup of the Pakistan to the Seosan-Eup.

At the time, there was a very short range of visible distance due to no authorization or street etc. in the vicinity, so there was a duty of care to prevent accidents in advance by driving safely, such as reducing a much more speed than 70 km per hour, at a restricted speed, and lowering the height of automobiles.

Nevertheless, without neglecting this, the Defendant did not discover the victim E (Nam, 20 years old) who was crossing the road on the right side of the vehicle at the speed of 76.8km to 83km per hour, while driving the vehicle at the speed of 76.8km to the speed of 83km per hour, and did not find the victim E (Nam, 20 years old) who was driving the vehicle at the right side of the front of the vehicle.

Ultimately, the Defendant caused the death of the victim due to the cerebral cerebral Bribery damage at G Hospital in Gyeyang-gu, Youngyang-gu, Seoul, where the victim was under the follow-up treatment at around 02:35 on February 1, 2013 due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. On-site photographs;

1. A death certificate;

1. Application of Acts and subordinate statutes governing requests for appraisal and inspection by the State;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines concerning facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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