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(영문) 수원지방법원 안양지원 2013.10.17 2013고단800
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Cmea car.

On October 30, 2012, the Defendant driven the above vehicle at around 21:20, while driving the vehicle, and driving the front road of the 651-1 third new apartment of the 3rd apartment of the 651-13rd apartment of the Dong-dong at an insular speed in accordance with the first two-lanes of the 4rd parallel, the Defendant neglected his duty of front-way navigation, and received the victim D (62 years old) who illegally crosses the lane from the right side of the course, from the occupational negligence, which neglected his duty of front-way navigation, to the right side of the road.

As a result, the Defendant caused the victim to die with a large quantity of scarcitys in the F Hospital in Ansan-gu E in the same day at around 21:49 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. The police statement of H;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Although there was a serious result of the victim’s death due to a traffic accident caused by the defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act, considering the fact that the defendant was the first offender and agreed with the victim’s bereaved family members, the defendant’s driver’s car is covered by a comprehensive insurance, and the victim tried to cross the four-lane road without permission at night, it appears that the occurrence of the above traffic accident also seems to have a considerable cause.

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