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(영문) 광주지방법원 2012.12.27 2012고단6142
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Clearning car.

On October 16, 2012, the Defendant driven the above car at around 12:40 on October 16, 2012, and moved by right at a speed of about 20 km from the national funeral hall to the intersection distance of the East Asian Hospital located in the Southern-gu Magdong Movement.

Since there is an intersection where traffic is controlled by signal apparatus, in such a case, there was a duty of care to check the safety of the course and to check the safety of the passage and the right and the right of the driver prior to entering the intersection.

Nevertheless, the Defendant neglected this and got the front part of the victim D(86 years old) driving, which was going from the right edge of the road along the course signal, to the right edge of the said car, due to the negligence of bypassing it as it is.

Ultimately, the Defendant caused the death of the victim by occupational negligence due to brain pressure increase caused by blood transfusions in the middle-gu Gwangju metropolitan hospital located in Jindong-gu, Nam-gu, Gwangju, where the victim was treated at around 05:03 on October 18, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report (final, first), on-site photographs, black booms of vehicles driven by the suspect, and body photographs;

1. Application of Acts and subordinate statutes of a 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. The reason for sentencing of Articles 70 and 69(2) of the Criminal Act in the Labor House Detention Act is that the defendant caused a traffic accident by negligence and caused the death of the victim, a strict punishment should be imposed against the defendant. However, the defendant is divided in depth and reflects his/her mistake, the defendant is an initial offender without any previous conviction, and the victim does not wear a safety mother.

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