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(영문) 대전지방법원 서산지원 2016.04.14 2016고단68
교통사고처리특례법위반
Text

1. The sentence against the accused shall be 4,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle in the BNA Scion Paf.

On November 1, 2015, the Defendant, at around 10:55, proceeded along one lane from the side of the Western University, along the two-lanes of the entrance of the “original village” located in the Seogsan-si, Seosan-si, Seosan-si, Seosan-si.

It is an intersection where signal apparatus and crosswalk are installed, and the speed of restriction is 80 kilometers a speed, so in such a case, the driver of the motor vehicle has a duty of care to prevent accidents and safely drive the motor vehicle by complying with the speed limit while accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected this and proceeded with a speed exceeding about 33 km per hour while taking the victim C (hereinafter referred to as 20 years of age) who dried the crosswalk on the left side from the right side of the Defendant's proceeding to the left side, thereby causing the victim to die due to a diversal wound, etc. on the left side.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. A fact-finding survey report, each related photograph, a traffic accident comprehensive analysis report, and a black image CD;

1. Application of Acts and subordinate statutes to dead bodies;

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. In light of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) of the Criminal Procedure Act, the victim’s death was caused by neglecting the necessary care when driving, a corresponding punishment is required.

However, the defendant has agreed with the bereaved family members of the victim, and the victim's bereaved family members are in the preference to the defendant, and the defendant has no record of being punished in excess of the fine (the defendant has been punished twice by a fine).

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