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(영문) 인천지방법원 부천지원 2013.10.18 2013고단2584
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 Brenren car.

On May 19, 2013, at around 22:23, the Defendant proceeded with the national highway No. 48, prior to the ridge between the new lines in Kimpo-si in Kimpo-si, Kimpo-si, at a speed of about 30km per hour according to the four-lane from the high village of Kimpo-si to the Kimpo-si.

At the time of night, there was a duty of care to check whether a person engaged in driving of a motor vehicle was in the front door by reducing the speed and checking well the front door of the motor vehicle and prevent the accident in advance.

Nevertheless, the defendant neglected this and proceeded with the victim C's chest part, which was placed in four-lanes as it was, was the front right of the car.

Ultimately, the Defendant caused the death of the victim due to multiple prolonged damage due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. The application of Acts and subordinate statutes governing the actual condition of traffic accidents, each accident site photograph, the body or photograph of victims, and the inquiry request for appraisal;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a selective fine for punishment (all circumstances, including the fact that the defendant confessions the crime in this case and is against the law, that the vehicle driven by the defendant is covered by a comprehensive insurance, that there was no gross negligence of the defendant in the occurrence of an accident, and that the negligence of the victim, who was on the fourth road, appears to have caused a considerable cause of the occurrence of an accident, and that the defendant has no record of being punished for the same crime);

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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