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(영문) 의정부지방법원 2013.04.12 2013고단347
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 Switzerland car.

On December 23, 2012, around 23:35, the Defendant driven the said car in front of the Jinnyang-ri city, Jinyang-gu, Jinyang-si, and the Defendant driven the three-lane of the two-lane of the way between the two-lane in Seoul and the two-lane in the direction of Pocheon-do in Seoul.

At the time, since it is difficult to secure the view and view due to the beam of the headlight of a vehicle stopping on a night and adjacent road, there was a duty of care to reduce the speed and to safely drive the vehicle in the way, to properly properly manipulate the operation of the vehicle, and to prevent the accident by properly manipulating the operation and steering gear, etc.

Nevertheless, due to the negligence of neglecting this, the victim C (30 years of age) who illegally crossed the national highway No. 47 national highways on the right side from the left side of the defendant's proceeding direction, was shocked by the front side of the defendant's vehicle and the front side part.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. CCTV images;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of 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. Taking into account the following: (a) the Defendant’s responsibility is unlimited inasmuch as the negligence of the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act resulted in the severe result of the death of the victim; (b) the Defendant is a primary offender with no criminal power; (c) the instant vehicle is covered by a comprehensive insurance; (d) the Defendant’s bereaved family does not want the Defendant’s punishment by mutual consent with the victim’s bereaved family members; and (e) the accident points are eight-lanes and without permission.

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