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(영문) 수원지방법원 2017.06.20 2017고단1764
교통사고처리특례법위반(치사)
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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 COET motor bicycle.

On July 26, 2016, the Defendant driven a COMET motor bicycle around 03:16, and proceeded at a speed of about 93.315 km to 98.226 km at a speed of about 93.3 km and 98.226 km from the inside side of the riverside area in Suwon-gu.

At the time of night, it was difficult to secure the night, so in such a case, the driver of the motor vehicle had a duty of care to see the front door well and to drive the motor vehicle safely by observing the speed limit.

Nevertheless, the Defendant neglected this and went beyond the limit speed of 20 km with the victim D (50 cm) who illegally crosses the above road along the crosswalk installed on the above road due to negligence, which led to the Defendant’s failure to go beyond the front side of the COMT motor bicycle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in around 03:00 on the same day by cutting cage cages at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site reports (verification ofCCTV images);

1. A survey report on actual condition and an accident scene photograph;

1. Comprehensive traffic accident analysis report;

1. Application of Acts and subordinate statutes to dead bodies;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) comprehensively taking into account the following circumstances; (b) the Defendant’s age, family relation, sexual conduct, environment; (c) motive and background of the crime; (d) the means and method of the crime; and (e) the circumstances after the crime, etc., the punishment is determined as ordered.

[ favorable circumstances] The Defendant, while making a confession of the instant crime, acknowledged his mistake, and the victim is crossing without permission at night according to crosswalks at night.

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