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(영문) 전주지방법원 2016.05.10 2016고단104

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On November 24, 2015, around 10:20, the Defendant tried to overtake a bicycle of the victim D (80 years old) driven in the same direction on the front side of the cargo, while driving a road in front of the mountain-ri bamboo village in Man-do, Man-do, Man-do, Man-Eup along one lane from the front side to the front side of Man-do, in a manner that does not keep the traffic conditions of the front and rear side and does not keep the safety distance while driving the bicycle in front of the former and rear direction, and by negligence, received the above bicycle from the front right side of the vehicle.

As a result, the Defendant caused the above occupational negligence, resulting in the victim's death at the emergency room of the nuclear hospital at around 13:28 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Each investigation report (case concerning the correction of time of accident, case concerning actual condition survey, such as road conditions at the scene of accident, case concerning damaged parts of accident vehicles, case concerning notification of the results of comprehensive analysis of the Road Traffic Authority on the request for analysis of traffic accidents, case concerning the process of collision);

1. Application of Acts and subordinate statutes of a death certificate;

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 of Article 334(1) of the Criminal Procedure Act, which led to a serious result of the victim’s death by negligence of the defendant.

However, bicycle riders should pass along close to the right side of the road (Article 13-2 (2) of the Road Traffic Act), but the victim got out of the road, for the reason that the defendant cannot know about the situation where the defendant would overtake the bicycle of the victim, and therefore, the accident of this case occurred. In light of the circumstances of this accident, the victim is also the victim.