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(영문) 광주지방법원 순천지원 2015.11.25 2015고단2065
교통사고처리특례법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a motor vehicle in the pressland B.

At around 13:05 on August 3, 2015, the Defendant driven the above van and proceeded with the old-term village in front of the long-term village in the front of the long-term village, which is located in a written dong book, from the long-term village, to the old-term village.

Since there are many vehicles parked on the side of the road along the side section of the seaside, in such a case, the driver has a duty of care to safely proceed without driving a stroke 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 right and the right and the right and the system of operation.

Nevertheless, the Defendant neglected to drive a stroke while driving the stroke, which C parked on the side of the road due to the negligence of the Defendant, was placed on the front part of the stroke, which was driven by the Defendant, after the left side of the stroke, and the front part of the stroke drive.

Ultimately, the Defendant caused the death of the victim E (the 66 years of age) who was a relative who was on the top of the knife driven by the Defendant due to the occupational negligence as above, at around 14:40 on the same day, he was in the middle of the Yansung-gun, Bosungnam-gun, Bosungnam-gun, and caused the death by the low blood relative shock.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. G statements;

1. A report on the occurrence of a traffic accident (1 report), a de facto investigation report, and on-site evidence and photographs of the traffic accident;

1. Application of Acts and subordinate statutes to the postmortem examination report, death diagnosis report, and postmortem examination report of the deceased;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the defendant's provisional payment order resulted in the death of the victim due to the crime of this case, but there was a relative relation with the victim, and the bereaved family members of the victim paid 30,000,000 won as damages.

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