(영문) 광주지방법원 2015.03.25 2015고단74

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(영문) 광주지방법원 2015.03.25 2015고단74

교통사고처리특례법위반

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Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person driving a “B” car.

On December 12, 2014, the Defendant driven the above car on December 19:25, 2014, and turn to the left the right of the “Drick” distance in Gwangju Seo-gu from the two-dong intersection to the two-lane intersection.

In such cases, the driver of a motor vehicle has a duty of care to prevent the accident in advance by safely driving the front side and the left side.

Nevertheless, the Defendant did not discover the victim E (the 77-year old) who was standing on the road as it was due to the negligence of neglecting this, and did not discover the victim E (the 77-year old) and did so on the left-hand pan part of the car, and went beyond the ground, and caused the victim to die with the 365th executive officer in the Joseon University Hospital located in the 365-gu Seoul Special Metropolitan City as of December 18, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. A death certificate;

1. Application of each statute on photographs;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the provisional payment order: (a) the defendant has no criminal history; (b) the defendant has agreed on the payment of a written agreement to the bereaved family members of the victim; (c) the vehicle covered by the comprehensive motor vehicle insurance; (d) the external environment, such as road conditions and weathers at the time of the occurrence of the accident; (e) the time of the occurrence of the accident seems to have significant impact on the occurrence of the accident; (b) the circumstances favorable to the defendant, including the fact that the defendant seriously reflects his/her mistake; and (c) the circumstances unfavorable to the defendant, such as the result of the crime, such as the death of the victim, including the age, character, environment, circumstances of the crime

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