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(영문) 대전지방법원 공주지원 2016.07.08 2016고단120
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is engaged in driving the Category B car.

On April 6, 2016, the Defendant driven the above vehicle around 23:07, and proceeded with a road of about 50 KK in the direction of the Si/Cheongyang Eup from the northyang-gun's Cheongyang-gun's Cheongyang-gun's Cheongyang-gun's non-fak-gun.

At the time of the accident, the driver of the motor vehicle has a duty of care to prevent the accident in advance by properly operating the steering system, brakes and other devices of the motor vehicle, and by safely reporting the traffic situation of the motor vehicle and checking whether there is a pedestrian by safely driving it.

Nevertheless, the defendant neglected to do so and did not discover the victim C (87) who crosses the road to the right side from the left side of the defendant's proceeding direction and went beyond the road by taking the front side of the driver's seat of the defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by having the victim died at a single university hospital located in the south-gu, South-gu, East-gu, Seoul Special Metropolitan City on April 7, 2016 due to cerebral father at around 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on a traffic accident, a survey report on the actual condition, and a criminal investigation report (a video data and witness at the time of the

1. Application of Acts and subordinate statutes to a death certificate, on-site photograph, or motion picture of a deceased person;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant confessions as a primary offender and reflects his depth. In light of the conflict between the driver’s seat and the deceased’s unauthorized crossing, it appears that a traffic accident occurred while crossing the deceased’s without permission, and that the bereaved family members and their bereaved family members have reached an agreement smoothly.

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