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(영문) 춘천지방법원 영월지원 2015.08.21 2015고단229
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Crane car.

On May 16, 2015, the Defendant driven the above car on May 10:43, 2015, and led the road in front of the E-cafeteria D in Young-gun, Gangwon-do, to the Young-gu Public Health Center from the side of the Young-gu Public Health Center.

At this point, the crosswalk is installed, and the passage of pedestrians is high, so the driver of the motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle after checking whether or not there is a person driving the motor vehicle, who is engaged in driving the motor vehicle, by safely driving the motor vehicle after checking the traffic situation of the front and rear left.

Nevertheless, due to the negligence of neglecting this, the Defendant did not discover the victim F (7 years of age) with the right-hand hand from the left-hand side of the course, and did not find out the victim F (7 years of age) with the crosswalk, and proceeded with approximately six meters with the victim's right-hand shoulder part as the front part of the franchising car.

Ultimately, the Defendant caused the victim's death by negligence in the above occupational negligence at the nuclear sponsic hospital in the nuclear sponsic sponsic sponsic Sponsic sponsic sponsic 20, Gangwon-si, Gangwon-do at KRW 12:55 day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing traffic accident actual condition investigation reports, death diagnosis reports, car boomers, accident video CDs;

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

1. Selection of selective fine for punishment: Consideration of the circumstances, such as the first offender and the agreement with the bereaved family members and subscription to a comprehensive motor vehicle insurance, the bereaved family members do not want criminal punishment, etc.;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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