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(영문) 의정부지방법원 고양지원 2013.11.08 2013고단1679
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving a c freezing train.

On August 12, 2013, the Defendant driven the above vehicle on August 12, 2013, while driving the vehicle at a speed of about 60 km from the right side to Seoul along the two-lanes from the right side to the right side of the Seoyang-gu So-dong So-dong Seoul Metropolitan Community Center.

At the time, since the signal lights and crosswalks are installed at night, there are duty of care to the person engaged in the driving of a motor vehicle, to observe the traffic signal, to watch the front side and the right and the right, and to pass the intersection safely.

Nevertheless, the defendant neglected this and passed the intersection in violation of the traffic signal and did not look at the front side properly, and the victim D (75 years old) who crosses the road by violating the traffic signal from the left side of the crosswalk, along the crosswalk, was placed as the defendant's vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence at around 19:21 on August 12, 2013, from the E Hospital located in Seodaemun-gu Seoul Metropolitan Government, which was being treated after-the-counter, to the low-blood shock caused by cerebral blood, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. A death certificate;

1. Application of Acts and subordinate statutes to traffic accident investigation reports and investigation reports (the results of CCTV analysis for crime prevention);

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

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 reasons for sentencing of Article 334 (1) of the Criminal Procedure Act of the provisional payment order resulted in the death of the victim by negligence in violation of the signal, etc., the crime and circumstances are not good, but the defendant is aware of the crime and reflects his mistake in depth, and is the initial crime.

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