beta
(영문) 부산지방법원 2014.02.05 2013고단8104

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives D concrete mixed truck construction machinery.

On October 23, 2013, the Defendant driven the above vehicle on the 14:18th day of October, 2013, and directed the front side of the Mag-ro, which is located in the Mag-dong, Seo-gu, Busan, to the ethic speed from the eth day of private elementary school to the ethic speed.

In such a case, the defendant showed that the victim was on the road side, so there was a duty of care to confirm and drive the damage or safety of the person engaged in driving service with a sufficient distance by reducing the speed and taking his attitude into account.

Nevertheless, the defendant did not discover the victim E (79 years of age, remaining) who illegally crossed from the right side of the defendant's vehicle to the left side, due to negligence of driving the vehicle as it is, but did not discover the victim E (79 years of age, remaining).

Ultimately, the Defendant caused the victim to die at the site due to the diversity damage, such as head and chest, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. On-site reports (CCTV accompanying pictures);

1. Application of Acts and subordinate statutes concerning autopsys;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines (Consideration of initial crimes, agreement, victim's negligence, serious reflectivity, etc.);

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