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(영문) 서울중앙지방법원 2014.05.16 2014고단751

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 the operation of CNLLS car.

On November 25, 2013, the Defendant driven the above car at around 20:00, and driven the two-lane road of the 61-lane of the Seoul Dongjak-gu Seoul Metropolitan Government Bolargro, thereby proceeding about 45km in speed from the new Tri-gu Tri-ro to the new Tri-gu Tri-ro.

At all times, it was difficult for a bus stop to see the front-down market because people using the bus stops are very frequent places, and the headlights of cars that took night at the time, and do not meet the night, so there was a duty of care to reduce speed and to prevent accidents in advance by driving cars with safe driving by driving at the front and left well.

그럼에도 불구하고 피고인은 이를 게을리 한 채 그대로 진행한 과실로 마침 피고인의 진행방향 좌측에서 우측으로 길을 건너가던 피해자 D(54세)을 발견하지 못하고 위 승용차의 좌측 앞부분으로 피해자를 들이받아 그 충격으로 피해자로 하여금 위 승용차의 앞 보닛 및 전방 유리창에 차례로 부딪힌 후 튕겨나가 바닥에 쓰러지게 하였다.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in the E Hospital, which was under medical treatment at around 16:42 on November 26, 2013, due to brain pressure rise.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. An inspection report on the actual condition, a black fluor video fluor;

1. Application of Acts and subordinate statutes of a death certificate;

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 for punishment (the primary crime was the victim's bereaved family member and the victim's bereaved family member were fully agreed upon after the closing of argument, and the victim was also negligent in the occurrence of the instant traffic accident);

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

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.