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(영문) 부산지방법원 동부지원 2012.12.26 2012고단4084
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a salary class B or a freezing Class III.

On October 21, 2012, the Defendant driven the said freezing vehicle on the 23:13rd day of October, 2012, and driven the road in front of the tourist hotel located in the luminous East-dong, Busan, at the speed of 55 km from the direction of the galian distance to the galian bathing beach distance.

At the time, crosswalks were installed at night, and there are many pedestrians in the residential area. In such a case, the driver of the motor vehicle has a duty of care to check whether there is a pedestrian who flags the road, and to accurately manipulate the steering and brakes, and to prevent the accident by accurately manipulating the steering and brakes.

Nevertheless, the defendant's negligence of neglecting this and proceed to the right side on the left side of the running direction of the defendant according to the above crosswalk of the above tourist hotel.

횡단보도 중간 지점에 서 있는 피해자 C(남, 53세)을 발견치 못하고 위 화물차의 운전석 좌측 앞범퍼 부분으로 들이받아 피해자를 반대차선으로 튕겨 나가게 하여 반대차선에서 진행하던 D 운전의 E 벤츠 승용차의 앞부분에 부딪히게 하였다.

Ultimately, at around 03:45 on October 21, 2012, the Defendant caused the death of the victim at the Incheon National Transport Daegu District Hospital, which was located in 1435, Busan, by the foregoing occupational negligence, due to a non-surfic shock by the non-surfic heat.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) a survey report on actual condition and a traffic accident report (2) a survey report on actual condition;

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 in the Selection of Punishment, and Article 268 of the Criminal Act;

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

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