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(영문) 광주지방법원 2019.07.18 2019고단1642
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of eight million won.

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 low-speed car B.

On January 30, 2019, at around 06:45, the Defendant was driving forward by using the two lanes from the side of the hospital to the F in the direction of the Hospital, the front road in Gwangju Mine-gu C.

At that time, the speed limit is 60 km per hour and the surrounding area is not well secured, so in such a case, the driver of the motor vehicle has a duty of care to reduce the speed to the driver of the motor vehicle, properly see the right and the right, and accurately manipulate the steering gear and the brake system to prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded at a speed of 67.2 to 69.6km per hour in excess of the speed limit, and caused the victim G (e.g., 58 years old) who was crossing the crosswalk in the front direction in the right side from the left side of the Defendant driving vehicle to the front part of the above vehicle.

Ultimately, due to the above occupational negligence, the Defendant caused the death of the victim with two severe pains, chests, and dunes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. The actual condition survey report;

1. A traffic accident analysis statement;

1. A written result of autopsy;

1. Evidence photographs;

1. Application of Acts and subordinate statutes as a result of the recycling of black boxes and video CDs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of Article 334(1) of the provisional payment order led to the occurrence of a result that the victim is unable to comply with the instant traffic accident. Although the result of the crime is very serious, there is a need to strictly punish the defendant, the instant traffic accident is caused by shocking the victim crossing the crosswalk even though the pedestrian signal is red.

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