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(영문) 인천지방법원 2014.09.03 2014고단731
교통사고처리특례법위반
Text

Defendant

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

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in driving a Fsch Rexton car.

On November 18, 2013, the above defendant driving the above car around 18:30 on November 18, 2013, and driving the above car, leading roads in front of the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, to a small distance of old-distance distance from the room of the Nam-gu office.

At all times, the victim H(72 years of age) was engaged in painting operations in violation of the tea, so the above defendant, who is engaged in the driving business, had a duty of care to safely drive the steering gear and the brake system and prevent accidents in advance.

Nevertheless, the above defendant neglected to perform his duty on the front week, neglected to perform his duty on the front week, found the victim who was in front of the last day of the incident late, and did not reach this, and received the victim from the front part of the above defendant's car.

Ultimately, the above Defendant caused the victim to die due to the above occupational negligence on November 19, 2013, by the following: (a) around 00:05, the Plaintiff did not leave the left-hand edge at the Acheon-ro Hospital located in the Nam-gu Incheon Metropolitan City, Dong-gu 1198.

Summary of Evidence

1. Defendant A’s legal statement

1. Notification of the actual survey report and results of traffic accident analysis;

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 and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the selection of fines;

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

1. Although the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order have resulted in the serious result of the death of the victim, on the other hand, the defendant A is against the victim, the victim's bereaved family members have agreed with the victim, the vehicle is covered by the comprehensive motor vehicle insurance, there is no penalty force exceeding the same kind and fine, and the above defendant falls under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents at the time of

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