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(영문) 서울서부지방법원 2013.11.28 2013고단2770
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

The defendant is a high school student who is engaged in driving C. A. P.

On August 23, 2013: (a) around 23:15, the Defendant got two lanes from the three-lanes of 260-39, Sungsan-dong, Mapo-gu, Mapo-gu, Seoul, to the shooting distance range of the office located in the Dongwon-si, Mapo-gu.

At the same time, there is a crosswalk where signal lights are installed, so in such cases, the defendant, who is engaged in the operation of the off-to-land, has a duty of care to prevent traffic accidents by checking whether there is a person who gets on the crosswalk by reducing speed and properly examining the right and the right and the right and the right and the right, and by safely driving the crosswalk in accordance with the new code.

Nevertheless, the defendant neglected this and proceeded as it is, and the victim D (20 years old) who cross the crosswalk from the left side to the right side in accordance with the new subparagraph was sent back to the ground.

Accordingly, around October 18, 2013, around 05:24, the Defendant caused the victim's death by occupational negligence, such as cerebral cerebral cerebral ma from the central patient care room in Eunpyeong-gu Seoul, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to traffic accident reports and death diagnosis reports;

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

1. Although the sentencing ground of Article 334(1) of the Criminal Procedure Act of the provisional payment order is serious in the degree of damage caused by the instant case, a sentence like the order shall be imposed by having the defendant take the first offender and has yet to be a juvenile, the defendant agreed smoothly with the bereaved family members of the victim, the defendant divided the defendant into several parts, and taking into account the character and conduct of the defendant, family environment, etc.

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