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(영문) 서울중앙지방법원 2015.11.18 2015고단5227
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 of a FTW special first-aid vehicle owned by the Gyeonggi Fire Brigade.

On February 26, 2015, at the parking lot in front of the emergency room of the Seoul Jongno-gu University, Jongno-gu, Seoul, at around 25:5:06, the Defendant, while driving the said ambulances and driving them to the emergency room of the Seoul National University Hospital from the right edge of the Seoul National University Hospital, was negligent in performing his duty of care to accurately operate the vehicle’s steering direction and steering devices, etc., towing the front door and left door and safely drive the vehicle, and prevent traffic accidents, while neglecting the duty of care to prevent traffic accidents, the Defendant did not discover the victim G (W, 91 years of age) who walked to the left from the right edge of the steering direction of the said ambulances, and received the victim from the front corner of the driver’s seat of the said ambulances.

Ultimately, the Defendant suffered injury, such as serious brain injury that threatens the life of the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. A traffic accident report;

1. CCTV recording data, black data recording data, accident vehicles, and photographs at the scene of an accident;

1. Application of each injury diagnosis certificate to statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order is that the victim suffered a serious injury due to the instant traffic accident, and his/her life was seriously ill, and has not been broken up until now.

However, the Defendant, while driving an emergency patient at night and intending to enter the premises of the hospital and put up the vehicle in front of the stop site of the above emergency vehicle, was shocking the victim who passed ahead of the stop site of the above emergency vehicle. In light of the situation at the time of the accident, surrounding conditions, and circumstances of the case, etc.

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