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(영문) 광주지방법원 목포지원 2015.12.24 2015고단1321
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 15 million.

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 Eren car.

On August 5, 2015, the Defendant driven the said car at around 10:10, and continued two lanes in front of the two-lanes to the intersection in the south of the west-gun, the west-gun, the west-gun, the south of the west-gun, the speed of which is about 60km from the right edge to the pressure sea.

As a signal apparatus was installed on the front side, there was a duty of care to prevent accidents in advance by driving a person engaged in driving the motor vehicle safely according to the new code.

Nevertheless, the Defendant neglected to do so and neglected to proceed with the above private-distance intersection in contravention of the signal, and received the part of the driver’s seat of the G Sgran-type car driving by the victim F (the age of 61) driving the said private-distance intersection from the right side of the Defendant’s running to the port from the right side of the road.

Ultimately, on August 28, 2015, the Defendant: (a) caused the death of the victim H (the 82-year old-old) who was accompanied by the said spathic negligence on the said spathic car; (b) caused the injury of the victim F, such as salt, tensions, and so on, for approximately two weeks of treatment; and (c) suffered injury to the victim I (the 58-year-old age-old), who was accompanied by the said spathic car, for approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. The actual survey report and on-site photographs of traffic accidents;

1. A medical certificate (F), a medical certificate (I);

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The Criminal Act for the detention of a workhouse;

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