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(영문) 수원지방법원 2013.11.06 2013고단4544

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bus B.

On July 22, 2013, around 20:45, the Defendant operated the bus and entered the bus as a garage in order to move from the garage in the Gyeonggi-si.

At the time, it was difficult to take the place around the train after sunset, and since the place was made by the person, there was a duty of care to prevent accidents by driving in a safe manner while driving on the front and rear side while driving on the driver.

Nevertheless, the Defendant neglected this and did not find out the victim D (36 years of age, female) who was living alone by negligence, without checking whether people pass through the surrounding area, and did not find out whether the victim D (36 years of age, female) who was living alone, and had the victim go beyond the front wheels of the bus, and continued to go back with the rear wheels of the bus on the right side.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence to the hospital, such as a low blood shock during the transmission.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes concerning postmortem records;

1. Relevant provisions of Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts, Article 268 of the Criminal Act (Selection of fines in consideration of all the circumstances, such as the fact that it is difficult to discover a victim who passed the bus with a bus garage with no access to people, and the accident site is likely to have been easily discovered, in consideration of all the circumstances;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;