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(영문) 광주지방법원 2017.10.31 2017고단3630

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 rocketing vehicle.

On May 3, 2017, the Defendant driven the above vehicle at around 16:25, and used the two-lane road in front of the E cafeteria located in the Namyang-gun D in order to run approximately 97.6 to 101.5km from the north northwest-do.

Since there is a section of 80km speed at a speed limit, a person engaged in driving a motor vehicle has a duty of care to observe the speed limit and to prevent accidents by properly examining the right and the right of the front side.

Nevertheless, the Defendant neglected this and negligently driven in excess of 17.6 to 21.5 km speed above the speed limit, and caused the bicycle side of the victim F(81) driving across the road to the right side from the left side of the vehicle in the last place of the Defendant, the Defendant shocked the bicycle side of the Defendant’s vehicle into the front part of the vehicle.

Ultimately, the Defendant caused the death of the injured party at the above occupational negligence by the heart suspension.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Evidence and photographs of the traffic accident scene;

1. A death certificate;

1. Screening pictures by capturing the relevant CCTV, etc.;

1. An analysis of traffic accidents;

1. Application of Acts and subordinate statutes to a report on investigation (limited to the point where the accident is shocked);

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

1. In light of the Defendant’s age, sexual conduct, environment, circumstances before and after the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, including the following: (a) the first offender for the reason of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the Defendant recognized the instant crime; (c) reflects his fault; (d) the bereaved family does not want the Defendant’s punishment; and (e) the victim was at considerable negligence in traffic accidents; and (e) the Defendant’s punishment was determined upon considering the various sentencing conditions