logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.05.15 2013고정792
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.

Reasons

Punishment of the crime

The defendant is a person who drives one ton cargo vehicle B.

On October 16, 2012, the Defendant driven the above vehicle around 16:15 on December 12, 2012, and proceeded at a speed below the speed from the 4-lanes in front of the coffee shop in Dongjak-gu Seoul, Dongjak-gu, Seoul to the scambing plane at the intersection of the front of the coffee shop.

In such cases, when a person engaged in driving of a motor vehicle reduces the speed for the person engaged in driving of a motor vehicle, well sees the front left well, and pedestrians are traveling along a crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians and to prevent accidents in advance.

Nevertheless, the defendant neglected this and continues to proceed at the same speed.

The victim C (n, 66 years old) who cross the crosswalk to the right side from the left side of the crosswalk did not find the victim C (n, 66 years old) and received the victim's body part in front of the right side of the cargo of the defendant and turned it over to the ground.

The victim transferred to D Hospital on October 12, 2012, but on the same day, at around 20:12, the victim died from the blood transfusion of the upper cerebral cerebral typosis.

Accordingly, the defendant caused the death of the victim by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

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 Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

arrow