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(영문) 대전지방법원 논산지원 2015.07.03 2015고단151
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

The defendant is a person who is engaged in driving of a C Poter vehicle.

On February 6, 2015, at around 13:30, the Defendant continued two-lane roads along the tin tower in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, from the right side of the west, to the right side of the U. S. S. P., and made the left turn to the right at the front of D.

In such cases, a person engaged in the driving of motor vehicles has a duty of care to live well on the front side and the left side and prevent accidents from occurring.

Nevertheless, the Defendant neglected this and got the victim to go beyond the floor by taking the side of the right side of the victim E (73 years old) crossing the road on board a bicycle due to negligence, and let the victim go beyond the floor.

Ultimately, around February 11, 2015, the Defendant caused the death of the victim at the Soyang University Hospital located in 158, Seo-dong, Seo-gu, Seo-gu, Daejeon, Seoyang University Hospital due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes of a traffic accident report, a traffic accident actual investigation report, a photo at the scene of the accident, a death certificate, a postmortem inspection report, a photograph of a person who has suffered from a change, and a suitable inspection

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

2. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the detention in the workhouse is that the Defendant caused the victim to die by occupational negligence as stated in its reasoning, and thus, the illegality thereof is small.

However, there is a confession that the defendant is repenting of mistake, the defendant has agreed with the bereaved family members of the victim, the bereaved family members of the victim do not want the punishment of the defendant, the above vehicle operated by the defendant has been covered by the motor vehicle comprehensive insurance, the defendant has no criminal record of the suspension of execution or more, and other reasons.

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