logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.04.02 2014고단4620
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

At around 08:50 on November 13, 2014, the Defendant was proceeding at a speed of about 30 km from the front side of the “D pharmacy” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul to the intersection of Seodaemun-gu at the intersection of Seodaemun-gu.

Since there is no distinction between the roadway and the sidewalk, there is a lot of moving of pedestrians, there was a duty of care to safely drive by checking whether there is a pedestrian or not in the driver's duty.

Nevertheless, the Defendant neglected to do so and did not discover the Victim E (W, 89 years of age) moving toward the port from the right side of the course of the Defendant’s course by negligence, and proceeded with the Defendant’s driving ahead of the right side of the freight vehicle.

Ultimately, the Defendant caused the victim's death by occupational negligence on the same day at the scene of the accident, with low blood shock.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. G statements;

1. A report on each traffic accident;

1. A death certificate;

1. Application of each statute on photographs;

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

1. The Defendant, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, was sentenced to five years of imprisonment with prison labor for murder, etc., resulting in the instant traffic accident within the repeated offense period even after the execution of the sentence was completed on November 28, 2013. The Defendant’s liability for the crime is not easy.

However, the accident site of this case is a side road without distinction between the roadway and the sidewalk, and it causes the accident of this case because the defendant was unable to discover the victim who was crossing.

arrow