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(영문) 광주지방법원 2016.03.10 2015고단4800
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

On October 15, 2015, around 15:00, the Defendant proceeded at a speed that is impossible to identify one lane of the four-lanes in letter, toward both sides of the D cafeteria in front of the D cafeteria C, in a remote distance room.

However, there are many people who walk the road on the front of a restaurant, a car page, etc. around the road, and a crosswalk is installed in front of the road, so there is a duty of care to check whether a person engaged in driving a motor vehicle has a duty of care to safely drive the road by reducing speed and checking the right and the right of the road well.

Nevertheless, the Defendant neglected this and did not find out the victim E (74) bicycles crossing the left part of the right side of the running direction due to negligence, and received the above bicycles from the front part of the passenger bus driven by the Defendant at the right side.

Ultimately, the Defendant caused the victim’s death by occupational negligence in light of the foregoing 21:25 days from the same day at the Joseon University Hospital located in 365, as the pen of Gwangju-gu, Gwangju-gu., thereby resulting in the death of the victim from a low-grade shock shock.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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 fact that the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which led to the death of the victim, is disadvantageous; however, the fact that the bereaved family members of the victim do not want the punishment of the victim in agreement with the bereaved family members of the victim; the vehicle of the defendant can be purchased by the motor vehicle liability insurance and the damage recovery can be made in certain parts; at the time of the accident of this case, the bicycle at the time of the accident of this case.

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