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(영문) 광주지방법원 2015.10.22 2015고단2722
교통사고처리특례법위반
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 the operation of a marina truck.

On April 21, 2015, the Defendant driven the above cargo vehicle on April 21, 2015, and proceeded along three lanes from the place of “Magcheon Terminal” to the “Magcheon Terminal,” located in Geum-gu, Gwangju, Geumnam-ro 36.

At the time, it was difficult to keep the center around the night, so there was a duty of care to safely conduct the operation by checking the front and the left and right of the person engaged in the driving of the motor vehicle.

Nevertheless, the defendant neglected this and did not find the victim D (70 years of age) who was standing a crosswalk on the right side from the left side of the bed bank by negligence, and did not find the victim D (the 70 years of age) and received the victim in front of the above cargo vehicle.

Ultimately, at around 05:38 on April 21, 2015, the Defendant caused the death of the victim from low blood shock shock at the Jeonnam University Hospital located in the Dong-gu Gwangju-gu, Gwangju-gu.

The defendant asserts that the defendant was negligent in operating a vehicle normally according to the direct performance signal, and that he was not negligent in violating the duty of front-time watch.

However, according to the evidence duly adopted and examined by this court, ① the victim was faced with the Defendant’s vehicle at the same three-lanes of the opposite direction of the Defendant’s vehicle, and there was no obstacle to the Defendant’s view in the direction of the vehicle at that time. Thus, if the Defendant is waiting for the front door and proceeded with the vehicle, it seems that there would have been sufficient time to detect the victim who is crossing the vehicle without permission and to prevent the accident by accelerating the vehicle, and ② if the accident occurred with the new wall, the distance was considerably restricted by the front door, the driver of the vehicle is more closely and more closely.

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