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Defendant shall be punished by a fine of KRW 8,000,000.
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 duty of driving Category B motor vehicles.
On March 9, 2020, the defendant operated the above car on March 19, 2020, and tried to proceed two-lanes of the national highways of the Cheongbuk-gun, Chungcheongnam-gun, Cheongyang-gun, by driving it along the two-lanes.
At the time, it was a road with night and without street lights around, and thus, the defendant engaged in the driving of the motor vehicle had a duty of care to raise the headlights and prevent accidents by properly examining the front side.
Nevertheless, the Defendant neglected to do so and went into operation on the left side of the course, and received the part of the victim E (the age of 66) who illegally crossed a road from the right side of the course to the left side of the course, as the front part of the Defendant’s car.
Ultimately, at around 20:30 on the same day, the Defendant caused the victim’s death by occupational negligence from the Cheongong-gun Health and Medical Center in the Cheongong-gun 19 Medical Center-ro 19 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a photograph at the scene of the accident, a traffic accident report, a report on internal investigation (Submission of a death report), a report on the occurrence of a traffic accident (EDR extraction), a report on internal investigation, and a report on internal investigation (Attachment to a closure of a black image shield);
1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive, means and consequence of the crime, etc., under the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case
Unfavorable circumstances: The instant accident resulted in a result that the victim could not be able to die.
The defendant's mistake is recognized as a favorable circumstance.