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(영문) 광주지방법원 장흥지원 2013.10.17 2013고단152
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

The Defendant is a person who is engaged in the duty of driving a rocketing taxi.

On May 13, 2013, the Defendant driven the above taxi on May 20:15, 2013, and proceeded to the front road of the Dong-dong village in the Geumjin-gun, Chungcheongnam-gun, Chungcheongnam-do (a point of approximately 80 meters away from the ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic e

At night, the center line is one lane, which is a yellow solid line, so the driver of the motor vehicle has a duty of care to prevent the traffic accident by accurately operating and safely driving the steering gear, brakes and other devices.

Nevertheless, the Defendant neglected this and proceeded as it is, while finding out the victim D (the age of 75) who walked on the right side of the Defendant’s vehicle at the right side of the proceeding, and applied the hand to the left side in order to avoid this. However, the Defendant got the victim to go beyond the floor with the front right side of the taxi and the head of the victim’s bridge and head.

Ultimately, around 01:40 on May 15, 2013, the Defendant caused the victim to die from cerebrovascular in a F Hospital located in Nam-gu, Nam-gu, Gwangju to death.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A death certificate;

1. Reports on the occurrence of each traffic accident and the report on the actual condition of the traffic accident;

1. Application of Acts and subordinate statutes to traffic accident site photographs, photographs of accident site, investigation photographs of accident site, and carcass photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

1. Articles 70 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, which caused a traffic accident by negligence, resulting in the death of the victim.

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