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(영문) 인천지방법원 2016.05.18 2016고단505
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 the driving of DNA-based vehicles.

On October 2, 2015, at around 12:04, the Defendant made the left turn to the left at a speed of about 29.97 km at a speed of about 29.97 km at a speed of about 847 km in front of the 847 forest street to the funeral of Gyeyang-gu Incheon Metropolitan City, at the direction of Gyeyang-gu.

In that case, the victim E (86) operated a bicycle without any registration number depending on one lane in the same direction as the Defendant, and the Defendant was driving at a speed of 19.45 to 19.81km prior to the Defendant’s knife on the left at the speed of 19.45 to 19.81km, so in such a case, the Defendant, who is engaged in driving of the motor vehicle, has a duty of care to drive the motor vehicle safely by properly examining the driving situation of other motor vehicles, etc.

Nevertheless, the defendant neglected this and thereby correct part of the facts constituting the crime to the extent that he did not infringe on the defendant's right of defense against the left side of the defendant's son by negligence that did not well examine the situation of the victim's progress.

As a result, the victim received front parts of the motor device bicycle from the victim and made the victim go beyond the victim.

At around 02:00 on October 3, 2015, the Defendant had caused the death of the victim due to the climatic depression from the Hanlim Hospital at the Gyeyang-gu, Gyeyang-gu, Incheon Metropolitan City funeral.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Application of the Act and subordinate statutes to actual survey reports, traffic accident analysis reports, photographs, video materials (two CDs);

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

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

1. The fact that a victim’s reason for sentencing under Article 334(1) of the Criminal Procedure Act has caused irreparable damage due to the death of the victim is disadvantageous, or there is no record of criminal punishment by imprisonment without prison labor or heavier, and the defendant’s negligence is insignificant (the defendant and his defense counsel are without fault on the part of the defendant).

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