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(영문) 춘천지방법원 원주지원 2016.05.10 2016고단149
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a FN car.

On October 1, 2015, the Defendant driven the above vehicle at around 22:35, and driven the road on the two-lanes in front of the “Korea-Uundi Apartment apartment complex 2” located in 52, U.S. 52, U.S. Mo-si, one-ro, one-way, one-way, one-way, one-way, one-way, one-way, one-way, one-way, one-way, one-way, one-way, one-way, one-way, one-way, one-way, and

At the time, since the driving of a motor vehicle was in the heart and a speech, there was a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle with a duty of care to check the traffic situation on the front side more well and to pay attention to a person who gets on the way.

Nevertheless, the Defendant neglected this and did not discover the victim G (47) who cross the above road from the left side in the direction of the Defendant's proceeding, and did not discover the victim G (47) who cross the above road to the right side, and the victim was faced with the body of the victim with the front part of the above vehicle, and went beyond the ground.

Defendant 1 suffered from the said victim’s “the blood therapy due to any damage to the Non-Morro” due to the foregoing occupational negligence, and caused the death of the victim who was receiving treatment from the Plaintiff at the Han-gu Seoul Special Metropolitan City 20,000 Won-si, Won-si, Seoul Special Metropolitan City 05:37 on October 2, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Application of Acts and subordinate statutes to a death diagnosis report, autopsy report, and photograph of a deceased person;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, caused a traffic accident by failing to perform his/her duty of care during driving. Accordingly, the victim died.

(b).

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