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(영문) 광주지방법원 순천지원 2015.06.12 2015고단369
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person driving a rocketing car.

On December 27, 2014, the Defendant driven the above vehicle on December 27, 2014, and proceeded two lanes from the front side of the Cheongam University, which was 1641 in a net city green, to the front side of the Cheongam University.

At the time, night, its place is 50 kilometers per hour, and the speed is near the private street intersection, and there was a duty of care to safely operate the steering and steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant failed to neglect this and failed to discover the victim E (the 59-year old) who crosses the road from the left side of the running vehicle to the right side of the Defendant’s driving vehicle due to the negligence of driving the vehicle at a speed of about 65 kilometers per hour beyond the speed limit, and caused the victim’s body side to be shocked into the left side of the Defendant’s vehicle, and caused the victim’s death at a woodpo Korean hospital located in 483, Mapo Korean, which is located in 11:35, Mapo-si, Mapo-si, Mapo-ro 483 of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Evidence photographs;

1. A death certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order led to the death of the victim due to the instant traffic accident.

However, the defendant reflects the crime of this case, there is no record of punishment except for minor one-time fine, the victim's bereaved family members and the victim's smooth agreement, the victim's negligence crossing an intersection with the viaduct without permission at night seems to be the major cause of the traffic accident of this case, and the defendant is sentenced to a suspended execution or higher punishment.

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