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(영문) 부산지방법원 동부지원 2015.01.07 2014고단2074
교통사고처리특례법위반
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

The defendant is a person who is engaged in driving of D cargo vehicles.

On September 15, 2014, the Defendant driven the above cargo vehicles around 23:30 on September 15, 2014, and led to the Defendant to enter the front of the ethyl B3-dong factory building located in the Nam-gu Busan Metropolitan City.

In such cases, a person engaged in driving service has a duty of care to care in preventing accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected this and neglected the body of the victim E (the 54 years old) who was engaged in the packing work of the Alymopcocoon in the building, and had the victim divide the body between the above cargo and the co-days.

Ultimately, around September 27, 2014, the Defendant caused the victim's death by occupational negligence as seen above, from the Busan National University Hospital, which was located in Seo-gu, Seo-gu, Busan, Seo-gu, Seo-gu, Busan to the long-term part of the Daun.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Strict punishment of the accused is required in light of the fact that the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act (hereinafter “the instant crime”) resulted in the death of the victim.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, motive, means and result of the crime, etc., shall be determined as ordered by considering the following factors: the defendant's mistake is divided into a primary crime; the vehicle involved in the accident is covered by a comprehensive motor vehicle insurance; the defendant does not want the punishment of the defendant by mutual consent with the bereaved family members of the victim; and the defendant's age, character and environment

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