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(영문) 의정부지방법원 고양지원 2014.02.14 2013고단2340

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of driving Cone Star Co., Ltd.

Around 00:30 on June 30, 2013, the Defendant driven the above van, and proceeded ahead of the 7-lane of the Goyang-gu Seodong-gu Seosan-dong Dialdong-dong-dong, Seoyang-si, Gyeonggi-do toward the center from the border to the center.

At the time, the above place is night, and there are many pedestrians around the apartment, so in such a case, a person engaged in driving service has a duty of care to safely drive the vehicle by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected the duty of front-way driving and found the victim D (the age of 56) who crosses the road to port from the right side of the Defendant’s running of the said van as it is, due to the negligence of driving the said van, late, and shocked into the front part of the driver’s seat of the said van.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the F Hospital located in Yongsan-gu, Busan Metropolitan City E, where the victim was under medical treatment after the follow-up treatment on October 10, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning G;

1. A traffic accident report, a survey report, and a photograph of the scene of the accident;

1. A medical certificate or death certificate;

1. Application of Acts and subordinate statutes to the investigation report (H currency);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines concerning criminal facts;

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

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act for sentencing order of the instant traffic accident on the ground of the instant order under Article 334(1) reveals that the occurrence of a serious consequence of the victim’s death. However, the Defendant’s recognition of the crime is against the Defendant, a comprehensive insurance policy is being purchased, the victim’s bereaved family members are only the first offender, and the instant traffic accident is the victim’s death.