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(영문) 광주지방법원 2014.04.17 2014고단370
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 of the BP car.

On November 21, 2013, the Defendant driven the above car at around 05:00, and continued to drive it using the four-lane road in front of the Southern river station in the south-gu of Gwangju, Nam-gu. The Defendant used the four-lane road from the shooting distance to the East Asia Hospital.

Since there is a limited speed of 60km, there was a duty of care to prevent accidents by complying with the restricted speed and operating the steering system and operating the steering system accurately.

Nevertheless, the Defendant neglected this and proceeded with a limited speed exceeding about 10.12 km per hour, and did not immediately find the victim C (if known, 74 years old) who crosses the road to the right side from the left side of the direction of the proceeding and did not stop, and received the above victim as part of the front left-hand part of the Defendant’s vehicle.

Ultimately, at around 20:54 on the same day, the Defendant caused the death of the said victim by the foregoing occupational negligence with brain pressure from the D Hospital located in the Dong-gu Seoul Metropolitan City due to brain side death.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report and death diagnosis report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines concerning facts constituting an offense;

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

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

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