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(영문) 인천지방법원 2016.09.29 2016고단5220
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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-learning car.

On June 8, 2016, the Defendant driven a frighting car at around 22:30 on June 8, 2016, and made the front of D, located in Nam-gu Incheon Metropolitan City, to turn to the left at about 20 km of speed from the shooting distance of the street hospital.

At all times, there is an intersection where signal lights and non-protective left turn signs are installed, so in such cases, there was a duty of care to safely turn left to the left so as not to interfere with other traffic and prevent accidents in advance.

Nevertheless, the Defendant neglected this and received the part of the FMW 1,000C 1,000 U.S., which was driven by the injured party E (23 tax) who was in a straight left turn due to negligence, as the right side of the fMW 1,00cc Oral car.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence in the family-dong Hospital located in the south-dong Incheon Metropolitan City, where the victim was under the treatment of transmission after around 12:32 on June 25, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to A and G;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of the CDA-1 statute

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act with the reason of sentencing under Article 334(1) of the Act on the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the said Act

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