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(영문) 제주지방법원 2013.04.24 2013고단143
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 18:10 on September 6, 2012, the Defendant driven a freight vehicle B Coindo, and had the front road of the Jeju City Election Commission, which is located in the 2-dong Jeju City, run at the same speed as the fluence of the fluence of the fluence in front of the road in the 2-dong-do.

At the time, the location of the house is backway, and in this case, the driver of the vehicle has a duty of care to safely proceed after checking the road's front side and the left side and right side, checking the safety of the course, checking whether there is any person on the road.

Nevertheless, the Defendant neglected to do so and proceeded with the body of the victim C(60 years old) who is living on the road with the wheels of the left side of the cargo vehicle.

Ultimately, the Defendant caused the death of the said C on September 6, 2012 during the treatment at the emergency room of the D hospital due to brain damage caused by cage cages (uages, duness), and pulmonary damage due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. On-site intensity and photographs, photographs of harming vehicles, and survey report on the actual condition of traffic accidents;

1. A death certificate;

1. Application of investigation reports (CCTV images, and trends of victims by time zone) Acts and subordinate statutes;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant traffic accident, which led to the death of the victim and significant damage therefrom. However, the degree of negligence of the victim cannot be deemed to be less than that of the victim because the victim was living on the backway of the house. The defendant has no record of committing the same kind of crime, and the bereaved family does not want the punishment of the defendant by mutual consent with the bereaved family members, and all the records and arguments of the instant case are shown in the records and arguments.

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