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(영문) 전주지방법원 남원지원 2017.07.18 2017고단87
교통사고처리특례법위반(치사)
Text

The sentence against the accused shall be set forth as a fine of six million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a motor vehicle XG.

On March 28, 2017, the Defendant driven the above car on March 28, 2017, and driven it at a speed of about 72.7km from the e.g., the intersection to the broad breadth from the e.g., the west-si.

At the time, there is a duty of care to prevent accidents by reducing the sufficient speed prior to the entry into the intersection and thoroughly observing the speed limit, since the speed of restriction is 50 km as a private-distance intersection where a yellow on-and-off signal is installed at night, and there is a duty of care to prevent accidents by observing the speed limit.

Nevertheless, the Defendant neglected to do so and neglected the duty to see on the front side and operated at a speed exceeding 22.7 km per hour by negligence, which led to the right side of the Defendant’s running from the left side of the running direction to the right side of the bicycle driven by the victim E (70) was received as the front side of the said vehicle.

Ultimately, the Defendant caused the death of the said victim by occupational negligence at the South Korean Medical Center located in 365, the South Korean Medical Center, at around 09:10 on the same day, due to external shocks, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, scene of accidents, vehicle photographs, and death certificate;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing conditions of the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime are determined by comprehensively taking account of the following circumstances under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and other conditions of the sentencing indicated in the record.

Unfavorable circumstances - The victim has reached the death of the victim in this case. This cannot be observed in any way.

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