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(영문) 수원지방법원 안산지원 2016.08.19 2016고단2078
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of eight 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 vehicle Cds. 350 Z.

On April 1, 2016, the Defendant driving the said car as its service, and driving on April 1, 2016 at around 00:00, the first-lane of the four-lane road in front of the high-speed Hamn-dong located in the Gu, Ansan-si, Nowon-gu, Seoul, at a speed of at least 108km per hour from the beginning to the center below the center.

At all times, they are front of the steel basin and four lanes, and at night, they have a duty of care to safely drive a person engaged in driving service while maintaining 80 km speed, which is the Domin where it is restricted.

Nevertheless, the defendant found the victim D (52) who illegally crossed the road from the right side of the course to the left side of the road due to the occupational negligence of the speed exceeding 108 km speed above the above speed limit, and operated the road rapidly, but the victim's physical parts are shocked to the front part of the above vehicle and caused the victim's death, i.e., e., e., blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

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 sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order has occurred due to the defendant's excessive driving. On the other hand, the defendant is a primary offender, the victim has provided the cause of the accident by crossing without permission, and the victim has agreed smoothly with the bereaved family members, etc. shall be determined by the sentence as set forth in the order.

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