Text
Defendant shall be punished by a fine of KRW 7,000,000.
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 of freight Class D Ⅱ.
On September 2, 2013, the Defendant driven the above cargo vehicle around 07:40 on September 2, 2013, and proceeded from the middle apartment to the wooden Village.
Since there are no signals, it is an intersection with no traffic signal, and there is no traffic control, in such a case, there was a duty of care to reduce speed before entering the intersection and prevent accidents such as well seeing the right and the right of the road well before entering the intersection.
Nevertheless, the Defendant neglected this and neglected to enter the above intersection, and the Defendant shocked the front part of the horse driving by the victim E (74 years old) who enters the above intersection from the port of the direction of the proceeding to the above intersection, into the front part of the cargo vehicle of the Defendant.
At around 04:54 on December 28, 2013, the Defendant: (a) caused the death of the victim due to cerebral blood transfusion, etc. at G Hospital located in Gwangju-gu, Nam-gu.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. A traffic accident report;
1. A death certificate and a medical clinic report;
1. Application of statutes on site photographs;
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 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. In light of the fact that the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order causes a traffic accident while driving in bad faith and causing the death of the victim, it is deemed that the defendant should be punished strictly. However, the fact that the defendant repents and reflects the mistake, the victim's bereaved family members are not subject to punishment against the defendant, and there is no history of punishment for the last about 15 years.