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(영문) 수원지방법원 성남지원 2016.06.23 2016고단962

교통사고처리특례법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of an express bus in F.

On March 20, 2016, the Defendant, on March 20, 2016, laid off passengers from a bus terminal located in the Ginam-si, Chungcheongnam-gu, Chungcheongnamnam-si, which is located in the night-dong, and turned down the bus.

There are many places where passengers are frequent, and there are passengers getting off from another bus next to the defendant's vehicle, so in such a case, there was a duty of care to safely check whether a person engaged in the driver's duty of care is not a pedestrian who is driving by checking well the rear.

Nevertheless, the Defendant neglected this and got the victim G (the age of 78) who was walking behind the Defendant’s vehicle following the Defendant’s vehicle, and had the victim go beyond the upper left side of the Defendant’s vehicle, and had the victim go beyond the lower part.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the powder hospital located in the area of 59, Sungnam-si, Sungnam-si, which was under transmission treatment at around 16:14 of the same day, due to low blood transfusion shock, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes to photographs of accident places;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is the result of the death of the victim due to a traffic accident. However, the bereaved family of the victim does not want the punishment of the defendant by mutual consent with the bereaved family of the victim, and the defendant does not have a previous conviction for the past ten years, and the punishment was determined as ordered by taking into account all other conditions of sentencing, including the defendant's age, sexual behavior, environment