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(영문) 서울남부지방법원 2016.05.03 2016고단583
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 a passenger car B food 308.

On November 15, 2015, the Defendant driven the above car on around 19:35, and proceeded at a speed of about 40 km from the city of Guro-gu Seoul, Guro-gu, about 48-ro, the front side of the middle school of the 48-ro, Guro-gu, Seoul, along the road of the 3-lane in front of the middle school at the center of Guro-gu, the Gu office, along one-lane from the shooting distance to the e-high

At the time, since it is night, the defendant engaged in driving of the motor vehicle has a duty of care to drive the motor vehicle safely by thoroughly taking the front-time duty.

Nevertheless, the defendant neglected this and found the victim C (78 tax) who was crossing the right side on the left side of the road due to negligence and caused the defendant to shock the front part of the defendant's vehicle.

Accordingly, around November 15, 2015, the Defendant caused the victim to die with the symptoms of low-blood shocks at the hospital emergency room of the Korea University Medical Center located in Guro-ro, Guro-gu, Seoul Metropolitan Government, Guro-ro, 148.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Data for the extraction of black stuffs and images;

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

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act, such as the fact that the defendant caused the death of the victim due to a traffic accident, is not good, but the defendant's primary offender, the fact that the vehicle driven by the defendant is covered by a comprehensive insurance policy, the fact that the victim's bereaved family members have agreed with the victim, and the victim's unauthorized crossing without permission also caused the traffic accident of this case, shall be sentenced to punishment under Article 51 of the Criminal Act, such as circumstances favorable to the defendant, and other circumstances favorable to the defendant, such as the defendant's age, sexual behavior, and environment

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