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(영문) 서울남부지방법원 2014.02.14 2013고단4714

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, as a member of the company, driven a car as a DA system.

On September 23, 2013, the Defendant driven the upper vehicle around 06:00, and led the fourth-lane of the center circulation of Guro-gu Seoul Metropolitan Government, Guro-gu, 1256, to the right from the edge of the Gu road.

Since a crosswalk is installed on the front side and the traffic is controlled by the traffic signal apparatus, there was a duty of care to check whether a person engaged in driving service has a pedestrian right on the crosswalk and to safely proceed in accordance with the new code.

Nevertheless, by negligence, the Defendant neglected this and proceeded in contravention of the signal, found the victim E (the 58-year old age) to the left side of the direction of the Defendant when the crosswalk signal is green, late to find out the victim E (the 58-year old age), and failed to stop, which led the Defendant to go beyond the road by taking part of the victim's left side of the left side of the vehicle of the Defendant.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence above at least 06:20 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report (1) (2);

1. Application of Acts and subordinate statutes on a written autopsy;

1. Relevant provisions of Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines (the primary crime, the comprehensive motor vehicle insurance is covered, and the victim and his/her bereaved family members have agreed smoothly);

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

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