(영문) 전주지방법원 정읍지원 2015.03.24 2014고단638

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(영문) 전주지방법원 정읍지원 2015.03.24 2014고단638

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 driving vehicles for Cren Crens.

On November 24, 2014, the Defendant, around 18:15, proceeded along the two-lane road in the direction of the police box in the direction of the stop box in the same scambling area.

At the time, it was difficult to get off and off, so a person engaged in driving service has a duty of care to conduct safely by checking well the right and the right on the front side.

Nevertheless, the Defendant neglected this and found the Victim F (the age of 33) to be lowered from the upper left side of the driving vehicle driving direction due to the negligence of the Defendant’s failure, but did not avoid it, and did not shock the part of the victim’s bridge in front of the left side of the driving vehicle.

Ultimately, around November 26, 2014, the Defendant caused the victim to die of cerebral blood at the H hospital located in G in Jeong-gu, Jung-gu, Jung-gu on November 26, 2014 by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A traffic accident occurrence report;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order resulted in a serious result of the death of a victim due to negligence while driving the defendant's driving for the reason of sentencing, the defendant is in profoundly against his/her own mistake and agreed with his/her bereaved family members, there is no record of punishment against the defendant, and there is no record of the defendant's negligence in the process of the occurrence of the instant traffic accident, considering the circumstances favorable to the defendant that the victim's negligence appears to some extent in the process of the occurrence of the instant traffic accident, and if the defendant is sentenced to a suspended sentence or higher,

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