(영문) 전주지방법원 군산지원 2013.05.15 2013고단214

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(영문) 전주지방법원 군산지원 2013.05.15 2013고단214

교통사고처리특례법위반

Text

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 engaging in driving of B cargo vehicles owned by the Geum River Corporation.

At around 06:00 on January 19, 2013, the Defendant: (a) was negligent in performing duties in the course of the operation of the sea-going fishing road in front of the sea-going fishing road, which is located in the Hasan-si, Goyang-si; (b) discovered the victim C (78 years of age) who was seated on the front side of the Defendant’s running lane and left the steering gear to the right side; (c) but did not avoid the victim; (d) received the victim from the back side of the said cargo vehicle on the left side of the said cargo vehicle on January 19, 2013; and (e) caused the death of the victim from the external shock shock caused by the diverscopic shock at the E Hospital located in Yan-si, Yan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Application of each traffic accident report, each photograph, death diagnosis report, and appraisal report to Acts and subordinate statutes;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order include: (a) the defendant has a depth of the error; and (b) the victim’s bereaved family members seek the defendant’s wife by paying KRW 20 million to the victim; (c) the victim’s fault is recognized as the cause of the occurrence of an accident and the expansion of damage; (d) the defendant has purchased a comprehensive motor vehicle insurance contract; and (c) the defendant has no special criminal record other than being sentenced to a fine due to a violation of the Road Traffic Act around June 200

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