(영문) 광주지방법원 목포지원 2015.05.21 2015고단296

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(영문) 광주지방법원 목포지원 2015.05.21 2015고단296

교통사고처리특례법위반

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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 C highest car.

On January 19, 2015, the Defendant driven the said car at a speed of about 59 km from the south to the west of the west of the west-do, west-gu, west-do, west-do. The Defendant driven the said car at a speed of about 59 km from the south to the west of the road.

At night and at night, there was a bend road to the right side of the road, so in such cases, there was a duty of care to reduce the speed to the person engaged in driving the motor vehicle and to prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and did not look at the front bank well without reducing speed, and by negligence, found the victim D who frighted along the right side of the mast road and immediately frighted, but failed to stop, and got off the floor the victim by facing the victim, etc. with the front of the right side of the said vehicle.

Ultimately, around January 19, 2015, the Defendant: (a) caused the victim’s death by occupational negligence as seen above; (b) on January 19, 2015, at the site of traffic accidents, the Defendant caused the victim’s death by cutting down two parts of the

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition of a traffic accident, and on-site photographs of a traffic accident;

1. Application of Acts and subordinate statutes on a written autopsy;

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

1. Although there was a serious result of the death of a victim of the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the decision of a fine shall be made by taking into consideration the following: (a) the Defendant’s mistake is recognized and reflected; (b) the victim’s bereaved family members agree with the victim; (c) the automobile comprehensive insurance is subscribed to; (d) there was no significant fault prescribed by each subparagraph of Article 3(2) proviso of the Act

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