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(영문) 의정부지방법원 고양지원 2014.06.20 2014고단135

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of route buses.

On November 13, 2013, the Defendant driven the above bus as his business around 14:40 on a high-speed city, and proceeded along with the exclusive bus lanes located near the crosswalk at the right-side of the front of the port area, five o-gu, U.S., U.S., U.S., to the right-side of the port area, and started along with the green signal from the front side of the signal stop after the signal stop.

Since the place is near the crosswalk, in such a case, the driver of the vehicle has a duty of care to properly see the front left, and to operate the steering and operation system accurately.

Nevertheless, the defendant neglected this and proceeded as it is while finding out the victim E (the age of 81) who was the left-hand side of the bus running on the right-hand side of the bus, which was a pedestrian signal pole and subway transmission hole, late to find out the victim E (the age of 81). However, the defendant did not avoid it, and received the front side of the bus.

Ultimately, at around November 13, 2013, the Defendant caused the death of the victim due to the occupational negligence in the G Hospital emergency room located in Goyang-gu, Youngdong-gu, Goyang-si.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident report;

1. Each photograph (Evidence Nos. 2, 6), video CDs;

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

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

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The alleged Defendant could not expect the victim to appear suddenly on the central bus exclusive lane, which is the place where the accident occurred, and it is impossible to operate a bus for a short period of time from the time of witness to the time of shock of the victim.