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(영문) 제주지방법원 2014.01.23 2013고단1682
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CM5 taxis.

On October 10, 2013, the Defendant driven the above taxi on October 06:02, and driven the three-lanes of the three-lanes of the shooting distance around the crosswalk in front of the Jeju High School, Jeju High School, at the speed of about 55 km in speed from the front side of the crosswalk in front of the Jeju High School.

At the time, the new wall hour was cleeped, and immediately after the shooting distance, the bus stops, etc. were installed in the crosswalk and the vicinity, and thus, the Defendant, who is engaged in driving a motor vehicle, has a duty of care to prevent accidents by checking whether pedestrians, etc. in the vicinity of the crosswalk, and operating the steering and operation of the steering gear accurately and accurately.

Nevertheless, the Defendant was negligent in neglecting the above duty of care and did not discover the victim D (the age of 80) who was cut off immediately after the above distance from the opposite line to the direction of the Defendant, and received the victim as is on the front line of the taxi, the main line, and the front glass.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence, such as a cage at the victim cage at the same place and a chest cage at the chest.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes in the area of actual condition survey reports, corpse autopsy reports, and emergency medical records in an emergency room;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of a fine (including the fact that the victim is liable for the occurrence of the instant accident even in light of the occurrence circumstances, time of the accident, etc., and the fact that the victim and

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

1. The order of provisional payment;

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