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(영문) 부산지방법원 동부지원 2015.04.29 2015고단294

교통사고처리특례법위반

Text

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 who is engaged in driving a Clearning car.

On November 24, 2014, the Defendant driven the above-learning passenger car on November 16:41, 201, and proceeded at approximately 70 km in the direction of the return from the direction of the return to the two-lane road in Busan Shipping Daegu D, the front direction of the E in the direction of the return.

In this case, the defendant engaged in driving service has a duty of care to prevent accidents in advance by reducing speed and accurately manipulating the brakes.

Nevertheless, the Defendant neglected this and neglected to operate the brakes on the bend road, without accurately operating the brakes on the bend road as seen above, followed by a brucing boom, thereby getting the victim F(45 years old) in front of the two-lanes adjacent to the above two-lanes of the road.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by damaging two parts from the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and I;

1. A report on actual condition of the police;

1. Application of Acts and subordinate statutes concerning autopsys;

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 a selective fine (the initial crime, agreements with the bereaved family members, and the degree of negligence of the accident);

1. Articles 70 (1) 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;