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Defendant shall be punished by a fine of KRW 5,000,000.
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 Bchip motor vehicles.
On November 9, 2018, at around 03:59, the Defendant proceeded along the lower end of the new underground street in the second cycle road of the Gwangju Mine-gu according to the two-lanes between the two-lanes in the direction of the UFIC.
Since a place is 90km at a restricted speed, a person engaged in driving service has a duty of care to prevent accidents in advance by safely driving the steering gear, such as complying with the restricted speed and accurately operating the steering gear.
Nevertheless, the Defendant was negligent in driving a restricted speed exceeding 43 km, and the front part of the victim C (V, 19 years old) in the same lane was the front part of the Defendant’s vehicle.
Ultimately, the Defendant caused the death of the victim at the site of two severe injury by occupational negligence as above.
Summary of Evidence
1. Partial statement of the defendant;
1. A traffic accident report, each traffic accident report, and comprehensive traffic accident analysis report;
1. A written result of autopsy;
1. Each photograph and CD image (the driver of a motor vehicle operating an exclusive motor vehicle) shall be deemed not to have a duty of care to drive the motor vehicle while preparing for the motor vehicle in order to prevent a collision with pedestrians by predicting that there is a pedestrian crossing the exclusive motor vehicle for the motor vehicle, but a driver shall be deemed not to have been obliged to pay attention to driving the motor vehicle in order to prevent a collision with pedestrians. However, if special circumstances are acknowledged, such as where the driver could anticipate the unauthorized crossing of pedestrians in advance at a considerable distance, and where he/she was in accordance with such special circumstances as prompt speed or rapid control, he/she may avoid collision with pedestrians, the driver's negligence may be recognized (see, e.g., Supreme Court Decision 2000Do2671, Sept. 5, 200).