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(영문) 대구지방법원 영덕지원 2015.12.16 2015고단189
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 a rash car.

On June 13, 2015, the Defendant driven the above car at around 15:50, while driving it, led to the direction of the F in front of that in the Gyeongjin-gun E, Chungcheongnam-do to the north from the her death side.

A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering direction and brake system.

Nevertheless, the Defendant neglected to do so and received the front part of the HMAYM OE that was driven by the victim G (the age of 52) who followed the Defendant’s car by negligence on the right-hand lane, as the rear part of the Defendant’s car driving seat.

Ultimately, at around 16:30 on the same day, the Defendant caused the death of the victim from the Ulsan Military Medical Center located in the Ulsan Military Medical Center 71-ro in the Ulsan-do, Ulsan Military Medical Center at around 16:30 on the same day due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to I by the police;

1. A death certificate;

1. Application of the Acts and subordinate statutes of each of the reports on the occurrence of a traffic accident, a report on actual condition investigation, photographs of the scene of the accident, crime preventionct screen pictures after the closure of the disaster, and the screen screen;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the selection of a fine, the first offender, the CCTV screen at the time of the accident) may be deemed to have been under continuous control, considering the following: (i) the crime is a negligence crime; (ii) the crime is a negligence crime; (iii) the defendant is divided into and against all of his/her mistakes; and (iv) the victim's bereaved family members are deposited in the next amount of KRW 50 million);

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

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