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(영문) 서울남부지방법원 2016.01.14 2015고단5332
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 the operation of a Korean-be-be cruise car.

On October 5, 2015, the Defendant driven the above vehicle around 21:10, and proceeded at a speed of about 65 km from the new side of the new side of Yangcheon-gu Seoul Metropolitan Government with the front of 104-dong apartment buildings at 104-dong, Seoul, at a speed of about 65 km per hour, among the two-lanes at the new side of the new side of the road.

In this case, there was a crosswalk where signal lights are installed on the front door, so in such a case, there was a duty of care to prevent accidents in advance by taking into account whether a person engaged in driving service would reduce speed and have no pedestrian who passed the crosswalk.

Nevertheless, the defendant neglected this and proceeded without reducing speed in front, and the defendant did not see the victim E (e.g., 58 years old) who crosses the crosswalk on the right side of the moving direction to the right side, and did not see the victim E (e.g., 58 years old) who crosses the crosswalk on the right side of the above vehicle. The part of the front part of the above vehicle to the right part of the victim's upper part.

Ultimately, around October 6, 2015, the Defendant caused the victim’s death by negligence in the above occupational negligence, from the Gancheon Women’s University Gandong Hospital located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, to the low blood transfusion shock, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334 (1) of the Criminal Procedure Act on the order of provisional payment is deemed to be heavy in the light of the defendant's negligence and the degree of damage, etc.;

However, according to the rules of employment of the company where the defendant works, the fact that the defendant recognizes and reflects the crime, the defendant sufficiently compensates for the damage, and the defendant agrees with his/her bereaved family.

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