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(영문) 광주지방법원 2014.10.02 2014고단2851
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 a motor vehicle at a low price.

On June 14, 2014, the Defendant driven the above car as a job, and proceeded to the entrance road of the Young-gu elementary school in the territorial zone from the Young-gu Terminal to the Sejong-si Terminal, while making a right-hand turn to enter the Young-gu elementary school.

At the time, there are many vehicles passing around the tri-distance intersections, so in such cases, there was a duty of care to prevent accidents in advance by safely bypassing the vehicle, such as checking the traffic situation before, after, after, after, and after the passage of the vehicle, and giving direction, etc. to the person engaged in driving the vehicle.

Nevertheless, the Defendant neglected this and neglected to use direction direction, etc. while making a bypassing telephone conversations, and got the victim E(E, 17 years old) driving a motorcycle that was driven at the front of the car in the time-mast in the front of the car at the time-mast, and got the victim into the floor.

Accordingly, the Defendant caused a traffic accident by occupational negligence as above and caused the victim's death at the emergency room of the Joseon University Hospital Hospital located in 365, Gwangju, Dong-gu, Gwangju, about 00:10 on June 15, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report and death diagnosis report;

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 facts constituting an offense;

1. Articles 70 (1) 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 Article 334(1) is that the victim dies and thus the result of the instant crime is more serious.

However, the defendant reflects his mistake in depth, and the bereaved family members do not want to be punished by the defendant, and the defendant has faithfully engaged in workplace life without criminal power.

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