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(영문) 대전지방법원 논산지원 2015.12.08 2015고단526
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 a B 25t car truck.

On July 3, 2015, at around 06:10 on July 3, 2015, the Defendant driven the above truck and proceeded with the two-lanes of the two-lanes from the area of the Gu, the area of the Gu, the area of the mountain, and the area of the two-lanes from the area of the Si, the area of the Gu, and the area of the two-lanes from the area of the Gu.

At the time, it was difficult to secure the view of the front bank due to a new wall, an inner dog, and an automobile that is operating an emergency, etc. on the front bank was a stop. In this case, the person engaged in driving business has a duty of care to prevent accidents by reducing speed and safely driving the front bank and the left and left well.

Nevertheless, the Defendant failed to discover the victim C (the age of 56) who was used on the road due to the preceding traffic accident prior to the paralysis while neglecting this, and served the victim with the above truck driven by the Defendant.

In this respect, the defendant caused the victim's death by damaging the right side of the two sides and sulververization.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of D or E;

1. The application of Acts and subordinate statutes to a traffic accident report, actual condition survey report, photograph of the scene of the accident, death certificate, photograph of the defense counsel, carpology, collection and photograph of evidence, appraisal report on the analysis of the traffic accident, and autopsy and appraisal report;

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, as stated in its reasoning, shocked the victims on the lane, resulting in the death of the victims, and thus, the illegality thereof is small.

However, the defendant has been tried to repent of the crime in depth, and the defendant has been tried to reverse the victim who is written on the road due to the preceding traffic accident.

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