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(영문) 광주지방법원 2015.09.24 2015고단2624

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

On May 6, 2015, the Defendant driving a rocketing taxi as his duties around 04:12, and driving the front road of modern securities in the Macheon-dong, Seo-gu, Gwangju, Seo-gu along the three-lanes between the new world department store and the five-lane between the two-lanes.

Since there is a road with a limited speed of 60km/h each hour, a driver has a duty of care to prevent accidents in advance by driving safely and complying with the statutory speed.

Nevertheless, the Defendant neglected this and got the victim a bicycle driving on the right side from the left side of the course to the front part of the above taxi and got the victim a bicycle driving on the right side at a speed exceeding 20 km/h/h of speed above speed of 94.6 to 97.9km/h of speed, and let the victim move on the floor.

As a result, the Defendant caused the death of the said D with the low blood shock at around 06:45 on the same day during which he/she was under treatment after being transmitted to a nearby hospital due to the injury of the blood scarcity, etc. due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Application of Acts and subordinate statutes in Chapter 1 of the accident site parking boxes and video CDs;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which led to the death of the victim by negligence exceeding a limited speed, is disadvantageous to the fact that the defendant committed the death of the victim. However, the health of the victim as a disabled person of class 6 of the cerebral disability is not good, the defendant's bereaved family does not want the punishment of the victim by mutual consent with his bereaved family members. The road where the traffic accident in this case occurred is one of the nine-lane roads across which the traffic accident in this case was installed at the center line, but the victim is crossing the road from the opposite line by getting a bicycle at night to cross the road.