Text
Defendant shall be punished by a fine of KRW 6,000,000.
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 driving of Bone Star Co., Ltd.
On December 30, 2015, the Defendant driven an above 18:00 on December 30, 2015, and driven the two-lane road in front of the Southern Man-gun C at a speed that would not be known by one-lane toward the central hospital from the side of the modern convalescent hospital of the Seo-Eup.
At the time, since it is night and poor visibility, there was a duty of care to prevent accidents in advance by reducing speed to persons engaged in driving service and driving safely by safe driving.
Nevertheless, the Defendant neglected this and did not discover the victim D (the age of 83) who crosses the road to the right side from the right side of the bed side by negligence, and received the victim from the front part of the above passenger car.
Ultimately, the Defendant caused the victim’s death by occupational negligence on December 30, 2015 at the F Hospital located in the Southern Ma in the Southern Ma, the following: (a) around December 19:27, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. (1) (2) The actual survey report;
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;
1. It is unfavorable that the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which led to the death of the victim, was committed at night, but the victim was negligent in crossing the two-lane road from the opposite direction of the defendant's vehicle in night. The victim's negligence had considerable influence on the occurrence of accidents and the expansion of damage. The defendant's bereaved family members agreed with the victim's bereaved family members that the victim's bereaved family members do not want the defendant's punishment. The defendant's vehicle can be covered by the comprehensive automobile insurance and the damage recovery can be substantially achieved, and the defendant did not receive any punishment since around 1981.