beta
(영문) 제주지방법원 2015.12.17 2015고단1421

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 the cargo vehicle B or B, third or lower closed.

On August 10, 2015, the Defendant driven the above cargo vehicle around 14:00, and, at Jeju, driven the two-lane road adjacent to D gas station located in C at Jeju, the two-lane road was driven at about 50-60km each hour along that of the above two-lanes from the private distance of the airport cargo office.

There was a delivery on the right side, and commercial buildings were concentrated around, and at the time, the defendant showed that the vehicle driving a single lane was driven by himself. In such a case, there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as making it possible for the driver of the vehicle to take the front side and the right side of the vehicle, and driving the vehicle with the duty of care.

Nevertheless, the Defendant neglected this and proceeded without examining the right side, and found the victim E (the 54 years old) who has crossed the road to the right side of the right side of the road from the left side of the direction to late late, and operated the hand on the right side to avoid this. However, the Defendant did not avoid it and did not go to the right side of the victim on the left side of the freight side of the Defendant, and did not go to the ground.

As a result, the Defendant caused the death of the victim of occupational negligence by using a low-weight shock shock from a multi-dives cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cats

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Protocol of inspection;

1. A death certificate;

1. Application of on-site photographs, on-site maps, photographs of harming vehicles, field photographs, and Acts and subordinate statutes governing death of a deceased person;

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. Detention at a workhouse;