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(영문) 인천지방법원 2016.05.18 2016고단1282
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

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

On August 23, 2015, the Defendant driven the above car at around 06:23, and proceeded at a speed of about 112km from the long distance to the long distance to the long distance to the long distance to the port of Korea in the city, along with the road of about 106 lanes in front of 581, the Seo-gu Incheon, Seo-gu, Incheon.

Since its location was a road with a speed of 60 km per hour, a person engaged in driving of a motor vehicle had a duty of care to live well on the right and the right and the right of the motor vehicle and drive the motor vehicle safely.

Nevertheless, the Defendant neglected this while driving at a speed exceeding about 52 km per hour, and was driven by the victim E (73 ) who driven a bicycle driving to cross-section on the right side of the Defendant at the right side of the motor vehicle driving by the Defendant.

Ultimately, at around 06:50 of the same day, the Defendant caused the death of the victim from the G hospital located in Seo-gu Incheon, Seo-gu, Incheon due to its occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and a comprehensive traffic accident analysis report;

1. On-site photographs, black boxes, and victim photographs;

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

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of fines (no such criminal record exists, nor has any history of criminal punishment after around 2000; the occurrence of the traffic accident in this case conflicts considerably with the fault of the victim; and the smooth agreement is reached with the bereaved family members of the victim);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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