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(영문) 춘천지방법원 속초지원 2014.05.14 2014고단71
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On March 6, 2014, the Defendant driven the said car on March 22 and 29, and led to a two-lane road in front of the treatment advertising, which is located in Jinari-gun, to a speed of about 70 km from the beginning to the intersection, in accordance with two-lanes towards the intersection.

At the time, since it was difficult at night, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brakes while looking at the right and the right and the right and the right and the right of the driver.

Nevertheless, the defendant did not find out the victim D (the age of 68) who dried the above road to the right side from the left side of the course of the defendant's course by negligence while neglecting this, and caused the victim to go beyond the head on the floor after going up on the front side of the above vehicle.

Ultimately, at around 22:56 of the same day, the Defendant caused the death of the victim due to the injury to an external wound, accompanied by two aggregates, from the F Hospital located in Sinsi E, from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report (1), (2), on-site, and victim's photograph;

1. Application of Acts and subordinate statutes concerning autopsys;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment lies in the defendant's driver's car that caused the result that the victim cannot be able to see the death of the victim, and the nature of the crime is heavy.

However, the fact that the defendant is the first offender, that the defendant paid 10 million won to his bereaved family members and agreed to do so, that he is covered by a comprehensive insurance, and that he is a victim.

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