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(영문) 인천지방법원 2013.04.24 2013고단1077

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of eight million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around 00:55 on January 11, 2013, the Defendant driven D route buses owned by 00:0:55, and driven the string distance of 555, Seo-gu, Seo-gu, Incheon, Seo-dong, at about 34 km in speed from the front-dong to the front-dong, along five lanes, at the speed of about 34 km in speed.

At the same time, the driver of the vehicle was on the crosswalk near the intersection, so there was a duty of care for the driver of the vehicle to live well before and after the intersection and drive safely.

Nevertheless, the defendant neglected the duty of front-time care by occupational negligence, and received the body of the victim E (51 years old) who illegally crossed the crosswalk in the front right side of the bus driven by the defendant.

As a result, the Defendant caused the death of the victim to the hospital due to the above occupational negligence, resulting in the death during the transfer of the victim to the hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Taking into account the following circumstances: (a) the occurrence of the instant accident occurred while the Deceased was crossing a crosswalk without permission under Article 334(1) of the Criminal Procedure Act; (b) the bereaved family members of the Deceased and the bereaved family members of the deceased agreed on January 11, 2013; (c) the vehicle is subscribed to mutual aid; and (d) there is no record of having been sentenced to imprisonment or heavier punishment