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(영문) 전주지방법원 남원지원 2014.11.25 2014고단242
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 24, 2014, the Defendant driven the above vehicle around 18:13 on July 24, 2014, and proceeded with the road of 1 lane near the Geumcheon-gun Youth Training Center at the speed of about 67 km from the gold village to the youth training center.

At the time, the land level was sucked due to the malfunction of rain, and the victim D (the age of 72) was boomed along the central line in the front direction of the defendant's proceeding, so in such a case, the person engaged in driving service had a duty of care to reduce speed and drive safely by checking well the front direction.

Nevertheless, the Defendant neglected to do so and went beyond the victim due to the negligence in the course of business, which led to the death of the victim due to cerebral blood in the E Hospital located in the front city, around August 3, 2014, at the E Hospital located in the front city, around 17:50 on August 3, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Video photographs;

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 a fine for selective punishment (such as the fact that the error of body is recognized and reflected in depth, the fact that the victim and his bereaved family members have agreed smoothly with the victim, the fact that the motor vehicle comprehensive insurance has been purchased, and the first offender, etc.);

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

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

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