(영문) 전주지방법원 2017.05.02 2017고단43

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(영문) 전주지방법원 2017.05.02 2017고단43

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 10 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 cuss car in D.

On September 12, 2016, the Defendant driven the said car at around 22:35, and driven the said car at a speed of about 60 km from the front of the entrance of the entrance of 301-9, the two-lanes in front of the Jinjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City.

At the time of night, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle with the right and the right and the right of the front and the right.

Nevertheless, the Defendant neglected this and found the victim E (64) who dried the road from the right side of the defendant's running side to the left side, and received the victim from the front part of the said car and caused the victim to die with knium blood transfusion, etc. on November 22, 2004 of the said year at the former North Korean University Hospital located in the 20th Jinjin-gu Seoul Special Metropolitan City on November 14:04.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

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

1. The following circumstances are considered: (a) agreement with the injured party on the reason of sentencing under Article 334(1) of the Criminal Procedure Act was reached; (b) the injured party has no previous convictions against the injured party; and (c) the injured party was crossing the road without permission; and (d) the accident of this case occurred; and (c) the circumstances and result of the accident of this case, including the injured party’s age, occupation, and living environment

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