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(영문) 광주지방법원 순천지원 2016.10.26 2016고단1002
교통사고처리특례법위반
Text

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

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car B.

On May 13, 2016, the Defendant driven the above car on May 22:35, 2016, while driving the car directly driving the three-distance at the entrance of the high-speed local village in the Chungcheongnam-gun, Bosung-gun, Chungcheongnam-do, and the head of the Si/Eup/Myeon in the direction of the abortion.

At this point, there is a first straight line near the intersection with on-and-off flashing light, so in such a case, there was a duty of care to prevent accidents by accurately manipulating the steering system and accurately manipulating the steering system of the vehicle.

Nevertheless, the Defendant neglected this and failed to discover the driver's c (52 years old) which was proceeding in the same direction at the front of the Defendant's vehicle due to negligence, and caused the victim C (52 years old) to fall back to the right side of the driving direction, without finding the driver's cryp, to the front part of the above cryp car.

Ultimately, at around 00:20 on May 14, 2016, the Defendant caused the death of the victim due to brain damage in the emergency room of the D Hospital due to such occupational negligence.

Summary of Evidence

Defendant’s legal statement

The application of Acts and subordinate statutes to traffic accident occurrence reports, actual condition investigation reports, on-site photographs death diagnosis reports;

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

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

3. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) is that the victim dies and the result of the accident is more serious.

However, the punishment shall be determined in consideration of the fact that the defendant reflects the mistake, that the spouse of the victim does not want the punishment of the defendant by mutual consent with the spouse of the victim, that the defendant is the first offender and is the age of the defendant.

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