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(영문) 부산지방법원 2019.11.27 2019고단4551
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 26, 2019, at around 12:32, the Defendant driven a B-Lpurd-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

In this case, a person engaged in driving service of a motor vehicle has a duty of care to properly operate a brake and steering gear and prevent accidents in advance.

Nevertheless, when the defendant neglected to do so and proceeded without looking at the front side, the defendant did not find the victim E (17 years old) who crosses the crosswalk at the right side of the vehicle operated by the defendant, with the pedestrian red signal from the left side of the vehicle operated by the defendant, and received the front side of the vehicle operated by the defendant.

Ultimately, at around 13:38 of the same day from the above occupational negligence, the Defendant caused the death of a victim who was receiving a post-treatment at the Busan University Hospital located in Seo-gu, Seo-gu, Busan, Seo-gu, Busan, resulting in the death of the victim due to dubation, brain damage, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The actual condition survey report;

1. Each photograph;

1. A death certificate;

1. Application of traffic accident investigation and response Acts and subordinate statutes;

1. Article 3 (1) of the relevant Act concerning facts constituting an offense and Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment;

1. Articles 70 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 on the ground of sentencing of Article 334(1) of the provisional payment order reveals that the instant accident resulted in a significant result leading to the death of the victim, and that the Defendant, at the time of the instant case, proceeded at a speed of 68 km per hour on the road where a speed limit of 60 km is set at the

On the other hand, the victim illegally crosses the pedestrian signal at the crosswalk where the pedestrian signal is separate, and from the defendant's point of view.

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