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(영문) 광주지방법원 2016.01.21 2015고단1437
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in driving the E-car.

On December 11, 2014, the Defendant driven the above car at a speed of about 70 km/h of speed according to one-lane from the innovation city from the main viewing room to the innovation city. On December 11, 2014, the Defendant driven the above car at a speed of about 70 km/h of speed.

At night and around the road, the view was very narrow because the street has not been installed, so there was a duty of care to reduce the speed to those engaged in driving of a motor vehicle, to properly see the right and the right of the front, to accurately manipulate the steering system and the brake system of the motor vehicle, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not discover the Victim F (46) who was on the road on the one-lane road in the Madern bank by negligence, and did not discover the victim F (46). The front left side of the Defendant’s vehicle was shocked by the victim’s body part.

Around 00:32 on December 12, 2014, the Defendant caused the death of the victim due to scarcity damage while sending the victim to a State General Hospital by negligence in the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Protocols concerning partial prosecutorial statements concerning G;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. A corpse death certificate;

1. Application of traffic accident evidence examination and photographing statutes;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which led to a serious consequence that the victim died. However, at the time, the victim was negligent in driving on both sides of the road on both sides of the road while under the influence of alcohol, and such negligence seems to have significant impact on the occurrence and expansion of the accident. At the time, the accident occurred and the street at the point of the accident is at night, and the location of the accident is street.

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