(영문) 광주지방법원 2015.10.22 2015고단3402

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(영문) 광주지방법원 2015.10.22 2015고단3402

교통사고처리특례법위반

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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 a rash car B.

On June 16, 2015, at around 19:10, the Defendant: (a) driven the above vehicle in front of the bus platform in front of the bus platform in front of the Jeju-si-dong, a two-lane road from the right side of the East National University, caused the death of the victim C (n, 74 years old) crossing the road to the left side of the Defendant’s course due to occupational negligence, which did not accurately operate the steering and steering devices, and caused the death of the victim to the hospital at around 19:40 of the same day, by taking the front part of the Defendant’s vehicle, and caused the death of the victim due to pulmonary damage during the transmission to the hospital at around 19:40 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Although the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act of the Labor House Detention Act resulted in the death of the victim, the victim was negligent in crossinging the road adjacent to the crosswalk without permission, which affected the occurrence and expansion of the accident, the defendant's bereaved family members do not want the punishment of the victim by mutual consent with the bereaved family members of the victim, the defendant did not want any criminal punishment before the victim, the defendant's vehicle is covered by the comprehensive motor vehicle insurance and the damage recovery can be made considerably. As such, the decision of fine is made by taking into account all the sentencing conditions set forth in the arguments of this case, including the defendant's age, character and behavior, environment, health conditions, the background of the crime, the circumstances after the crime, etc.

참조조문

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