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(영문) 부산지방법원 2016.07.21 2016고단2309

교통사고처리특례법위반

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1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DNA car.

On March 19, 2016, the Defendant driven the above car on March 19, 2016, and got a front path of the gold instructor located in the Busan Dong-dong Hot Spring-dong, Busan, along the two-lanes from the vegetable Protection Zone to the Geum River Park, at a speed of about 50km from the two-lanes of the vegetable Protection Zone.

At the time, it was difficult to set the crosswalks at night and at the front of the night, so in such a case, there was a duty of care to check whether there was a person who gets on the crosswalks in order to reduce the speed and to check well the right and the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and did not discover the victim E (75) who was standing the crosswalk from the left side of the said car driving direction to the right side, and did not look at the right side of the said car, and had the victim go beyond the victim by driving ahead of the said car.

Ultimately, the Defendant caused the victim's death by occupational negligence on the 21st day of the same month, around 02:19 of the same month, while receiving treatment from the Busan Ya-gu Busan 05 Busan 00 Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

3. Consideration such as the fact that the victim’s bereaved family members and the victim’s bereaved family members have agreed smoothly with the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the fact that the defendant is the first offender, and the fact that the defendant is against