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(영문) 광주지방법원 2016.05.12 2016고단796
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 three-dimensional car.

On February 3, 2016, the Defendant driven the above car on February 3, 2016, and driven the front road in Gwangju Mine-gu D using two-lanes between three-lanes from the viewing side of Gwangju Mine-gu to the without Gwangju Highway.

At the time, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle at night, such as a person engaged in driving a motor vehicle, who is engaged in driving a motor vehicle, by living well on the right and the right of the route, and accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and got the victim F (35 years) who crosses the road to the right side from the left side of the proceeding direction by negligence, as the front part of the Defendant’s car.

Ultimately, the Defendant caused the death of the victim at the site by occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to death certificates;

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 sentencing conditions set forth in the argument of the instant case, such as the Defendant’s age, sex, environment, health conditions, circumstances after the commission of the crime, etc., shall be determined in light of the major normal relation, which is deemed as follows with the reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act, as set forth in the order.

Normal relationship: A serious result was caused by the victim's death.

A favorable normal relationship: The victim was also at night at fault to cross the road from the center of the separation cost, where the sign of prohibiting unauthorized crossing is attached to the road, without permission, and the victim's negligence had a significant impact on the occurrence of the accident and the expansion of damage.

The bereaved family members of the victim do not want to be punished by the victim in agreement with the bereaved family members.

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