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(영문) 광주지방법원 2015.09.17 2015고단1416
교통사고처리특례법위반
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person engaged in the duty of driving a business taxi B.

On February 22, 2015, the Defendant driven the above vehicle at around 01:15, and driven the five-lane road in front of the D in Gwangju Seo-gu, Gwangju, along the three-lane distance from the lower parallel to the lower parallel.

At this point, the speed limit was 70 km per hour.

In such cases, the driver of a motor vehicle has a duty of care to observe the speed limit and accurately manipulate the steering gear and brake system in order to prevent accidents in advance.

Nevertheless, the defendant neglected to do so and proceeds at a speed of about 100 km per hour exceeding 30 km speed than that of limited speed.

Defendant

From the left side of the proceeding direction, the victim E (the age of 72) who illegally crosses the crosswalk on the pedestrian red signal was shocked by the front part of the right part of the Defendant vehicle.

The Defendant suffered injury to the victim, such as mination of flag on the left-hand flag, which requires approximately 16 weeks of treatment by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to accident photographs, actual survey reports, and diagnostic certificates;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to 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. The sentencing conditions of Article 334(1) of the Criminal Procedure Act, based on the following circumstances, including the Defendant’s age, character and conduct, environment, circumstances surrounding the crime, and circumstances after the crime, shall be determined as ordered by the order, taking into consideration all of the sentencing conditions shown in the pleadings of the instant case:

(Selection of the sentencing criteria shall not apply to the case of a fine). Unfavorable circumstances: the negligence of driving a fine in excess of the speed of 30 km per hour is not easy.

The degree of injury of the victim is very serious.

A favorable circumstances: A crosswalk shall be made in contravention of the signal.

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