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(영문) 대전지방법원 2012.12.28 2012고단3863
교통사고처리특례법위반
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Defendant shall be punished by a fine of KRW 6,000,000.

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 of CKaman vehicle.

On July 4, 2012, the Defendant driven the above vehicle at around 23:00, while driving the said vehicle along two lanes from the side of the "China Intersection" to the "monthly intersection."

However, at the time, street lights were left unfatd due to night time, and the rain flows back to the front of the clerical error, so a person engaged in driving a motor vehicle has a duty of care to reduce speed and accurately manipulate the steering gear and brake system of the motor vehicle and to prevent accidents in advance by safely operating the steering gear and brake system.

Nevertheless, the Defendant failed to discover the victim D(the age of 42) who was in a two-lane by negligence, resulting in a traffic accident involving the above victim's driver and the lower part of the vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence as a result of the multiple destruction in the workplace.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol of the accused and E;

1. The traffic accident report prepared by the police officer's written statement of F, G, E, and H, and reply to each request for appraisal;

1. A medical certificate;

1. The defendant and his defense counsel's assertion regarding each of the defendant and his defense counsel was bound to the road at the time of the accident in this case, and the location of the accident in this case was 80km/h national highways with a fixed speed of 80km/h, and the time of the accident in this case was around 11:0 p.m. and immediately before the passage of the street at the time, which had no street, etc. at night, and the view was very poor. Thus, the defendant followed the fixed speed and proceeded at about 81km/h speed, while finding the victim, and operated the brake immediately after finding the victim.

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