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(영문) 광주지방법원 2017.01.12 2016고단4709
교통사고처리특례법위반(치사)
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cuss car in C.

On September 5, 2016, the Defendant driven the above vehicle at around 00:22, and driven the front road of the SKT building 269, as in Gwangju Mine-gu, along the two-lanes from the viewing side to the port (if considered to the combined lane, e.g., the two-lanes).

At the time of the accident, it is difficult to secure the view of the vehicle at night, and the surface was slick. In such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle at night and prevent the accident from occurring in advance by safely driving the steering system and the steering system, such as accurately operating the steering system and the brake system.

Nevertheless, the Defendant neglected this and caused the victim D (the age of 18) who was in two lanes due to the negligence of driving the Defendant only, and was in front of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the severe damage to the two parts of evidence in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of traffic accident reporting, death certificate, and evidence and photographs-related Acts and subordinate statutes on the scene of traffic accidents;

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. In full view of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, as well as all the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, circumstances, and circumstances after the commission of the crime, the sentence shall be determined as ordered (the sentencing criteria for selecting fines shall not apply). Unfavorable circumstances: The victim’s death and damage therefrom is very serious.

The favorable circumstances are against the depth of the circumstances.

At the time of the instant accident, it was difficult to secure the view at night.

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