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(영문) 서울동부지방법원 2015.09.10 2015고단685
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 Cone Star A.S. car.

Around 07:00 on December 19, 2014, the Defendant driven the upper van, thereby driving three lanes in front of the new Ambassador distance in the border of Gwangju City, Gwangju, at a speed of about 92 K km per hour, depending on the two lanes from the echeon side to the ethic side of Gwangju.

At the time, the speed limit was 80 km a speed limit, and the view of the front door was poor at night, and there was a cross-section at the front door, so in such a case, the Defendant engaged in driving of the motor vehicle had a duty of care to observe the speed limit and to prevent the accident in advance by driving the motor vehicle safely by safely driving the motor vehicle at the front and right.

Nevertheless, when the Defendant neglected the duty of front-waying and proceeded as it is due to negligence exceeding the restricted speed, and discovered late the victim D (n, 75 years old) who passed the bicycle to the port from the right side of the front direction of the Defendant’s her knife to the port, and operated the hand to the port to avoid this. However, the Defendant did not avoid the knife and caused the victim to go beyond the ground.

Ultimately, at around 07:45 on the same day, the Defendant caused the above victim to die due to the long-term damage of multiple hairs at the University Division Hospital of the vehicle located in 59 in the night tower in Sungnam-si, Sungnam-si.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. A traffic accident report, actual condition investigation report;

1. A written result of autopsy and postmortem examination;

1. Inquiry and reply of the Road Traffic Authority Gyeonggi-do Branch;

1. Blue boxes, video recording CDs;

1. Each report on investigation;

1. Application of each statute on photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. In this case, selection of an alternative fine for punishment;

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