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(영문) 의정부지방법원 고양지원 2013.08.23 2013고단931
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving CK5 taxis.

On April 13, 2013, the Defendant driven the above taxi on April 21:13, 2013, while driving the said taxi, and driving the three-lane road in front of the “Hua apartment bus stop” located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, in order to drive the bus along one lane from the string to the ridge, while driving the bus with the opposite line.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to make an internship at the point where the U.S. driver is permitted by thoroughly holding the front-round city in the front-round city.

Nevertheless, the Defendant neglected to do so and went on the opposite line due to the negligence of the U.S., which was driven by the victim D(20 years of age) who was driving on the opposite line, conflicts with the front two-wheeled automobile, which was the front sentence of the Defendant’s taxi.

Ultimately, the Defendant caused the victim’s death by occupational negligence on April 29, 2013, at the F Hospital located in Gyeyang-gu E in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul, to the death of the victim due to brain paralysis, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The police statement concerning G;

1. Reports on traffic accidents and reports on internal investigation;

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, Article 268 of the Criminal Act, the selection of fines concerning criminal facts;

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

1. In light of the fact that the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order dies due to gross negligence of illegal internships, etc., the defendant should be punished strictly. However, the defendant's mistake is contrary to the defendant's erroneous recognition, the defendant's agreement is smoothly reached with his/her bereaved family members, and the fact that the defendant has no record of punishment for traffic crimes is considered as favorable circumstances.

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