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(영문) 부산지방법원 2013.04.23 2013고단174
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On December 19:25, 2012, the Defendant, who is engaged in driving of Cra’s freight vehicles, was driving the above vehicle at a speed that would not be known by the lower part of the 3-lane road in front of the Gra’s Kimhae cafeteria located at the lower part of Busan, but driving at a speed of two-lanes on the side of the Cra’s apartment at which the two-lanes cannot be known.

At the time, at night, signal apparatus was installed at front of the night, and the crosswalk was placed at the crosswalk, so in such a case, a person engaged in driving service has a duty of care to observe the signal and safely drive the accident in advance.

Nevertheless, the Defendant neglected this and found the victim D (the age of 56) who was standing to the port from the right side of the crosswalk along with the signal of front stop and the pedestrian signal of the crosswalk due to his negligence while driving on the scam, and received the victim from the front part of the Defendant’s driver’s vehicle.

Ultimately, around December 19:20 on December 2, 2012, the Defendant caused the death of the victim due to an acute hiverosis in the Seo-gu Hospital in Busan, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A statement of F and G;

1. Application of Acts and subordinate statutes to autopsy records and death diagnosis reports;

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. The reason for sentencing of Articles 70 and 69(2) of the Criminal Act was that the victim’s death was caused by the instant accident.

On the other hand, only the victim's bereaved family members and the victim's comprehensive motor vehicle insurance has been agreed.

After divorce, they support parents and minor children, and public officials are forced to retire if imprisonment without prison labor or heavier punishment is finalized, and they are harsh aspects of the defendant.

Other circumstances shown in the records, such as the defendant's age, environment, occupation, and family relationship.

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