(영문) 수원지방법원 2016.07.13 2016고단1319

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(영문) 수원지방법원 2016.07.13 2016고단1319

교통사고처리특례법위반

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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 engaging in driving a rocketing car.

On February 19, 2016, the Defendant came to proceed at a speed of about 50 km from the flood area to the speed of about 50 km in Gwangju, depending on the two-lane road in front of the E real estate in the wife population D at Chicago-si on February 19, 2016.

In such cases, the driver of the vehicle has a duty of care to accurately operate the steering gear and brakes and to safely drive the steering system and prevent accidents by driving the vehicle safely.

Nevertheless, the Defendant neglected to do so and did not discover the Victim F (84) who was crossing the road to the port from the right side of the vehicle driven by the Defendant on his own by negligence, and did not discover the victim F (84) and did not leave the front part of the vehicle driven by the Defendant in front of the vehicle driven by the Defendant, and went beyond the road, and caused the victim to die due to the shock on February 20, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes governing video images of accidents;

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

1. Selection of an alternative fine to be sentenced (the fact that a mistake is divided and recognized as a crime even after the closure of pleadings, the fact that the victim has agreed with his/her bereaved family members, the fact that the victim has been covered by a comprehensive insurance without permission, the fact that the degree of negligence of the defendant and the fact that the road installed with a high central cost has been covered by the comprehensive insurance, the

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

참조조문

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