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(영문) 광주지방법원 장흥지원 2015.06.04 2015고단32

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C low-est car.

On February 12, 2015, the Defendant driven a high-speed car at around 20:40, and proceeded at a speed that would not be known from the Doamb to the Doambon-Myeon to the Doambon-Myeon.

At the time of night, it was difficult to secure the right at night, so a person engaged in driving service has a duty of care to reduce speed and drive safely by checking well the right and the right and the right.

Nevertheless, the Defendant neglected this and discovered the Victim F (70 years of age) who was walking in the opposite direction to the run of the Defendant’s car due to negligence, and caused the Victim to fall into the floor by shocking the victim’s leg and face, with the front door and front glass of the Defendant’s car.

Ultimately, at around 21:21 on the same day, the Defendant caused the death of the victim due to cerebrovassis from an emergency room of the Gangwon Medical Center located in the Gangnam-gu Seoul Special Metropolitan City on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report (1 report) and a traffic accident report (1) (1).

1. A death certificate;

1. Application of Acts and subordinate statutes on the scene of evidence, photographs of the scene of a traffic accident in front of a restaurant, photographs of the driver’s death, evidence at the scene of a traffic accident in front of

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) under Article 334(1) has caused the death of the victim by neglecting the necessary attention while driving, the corresponding punishment is needed

However, the victim is also responsible for a significant portion of the accident of this case, and the defendant.