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(영문) 전주지방법원 2015.09.22 2015고단1025

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who drives a C bargaining vehicle.

On 19:40 on 01. 04. 01. 19:40 on 19:0, the Defendant was proceeding in the middle of the Shansan-gu Seog-gu, Seognam-gu, Seognam-gu with green signal.

The driver of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle at a speed or method that does not cause any danger or impediment to others.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to perform the duty of safe driving, and caused the negligence of failing to perform the duty of safe driving, and caused the part of the bridge, etc. of the pedestrian victim D (Nam, 69 years old), a pedestrian, to build the crosswalk to the left-hand Western residents' center on the right-hand side of the direction of the driving.

Ultimately, the Defendant caused the victim’s death after 33 days of receiving treatment at a hospital due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, on-site photographs, and reports on the occurrence of traffic accidents;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

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

1. In the sentencing of Article 334(1) of the Criminal Procedure Act, there was a serious result of the death of the victim due to the negligence of the defendant for the reason of sentencing of Article 334(1) of the provisional payment order. The fact that the criminal records of the defendant are two times the same criminal records of the defendant is disadvantageous to the defendant, or that the negligence of the victim who illegally crossed the road by violating the night signal has contributed considerable to the occurrence of the accident of this case and the expansion of damage, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, the agreement with the victim is reached with the victim's bereaved family, the same criminal records are old for more