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(영문) 광주지방법원 목포지원 2014.06.24 2014고단638
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On December 4, 2013, the Defendant driven a B B B B B B car, and the prior road in front of the Korean convalescent hospital, which is calculated at the time of breath, was driven in accordance with the two-lanes of the two-lanes of the two-lanes, from the boundary of the Gando High School to the main intersection.

Since there is a place where the appearance of people crossing a bicycle on a two-lane straight line is anticipated, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the front line and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the operation of the steering system.

Nevertheless, as a result of the negligence of neglecting this, the Defendant was the victim C (the age of 66) who was changing the vehicle from the two lanes to the one lane on the front part of the Defendant’s driving vehicle by driving the bicycle.

Ultimately, due to the above occupational negligence, the Defendant suffered from the injury of the victim, such as external cerebrovascular surgery, and caused the death of the victim in the emergency room of the D Hospital at around 09:55 on the following day.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Sending a death diagnosis report and a traffic accident analysis report;

1. Application of Acts and subordinate statutes to a report on investigation with respect to field photographs, black stuff photographs attached to a vehicle;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act (the determination of a fine, the death of a victim), which resulted in a serious result, shall be determined by taking into consideration the following factors: (a) the victim's bereaved family members and the bereaved family members agree to the amount of KRW 27 million; (b) the victim's comprehensive motor vehicle insurance is covered; (c) the victim's negligence is also considered as a considerable cause for the occurrence of an accident; and (d) the victim

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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