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(영문) 수원지방법원 평택지원 2017.08.16 2017고단1191

교통사고처리특례법위반(치사)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 of a bus combined with C's bus.

On February 19, 2017, the Defendant driven the above vehicle at the speed of 20:04, and proceeded with a two-lane map of 23 lanes near the mix, which is located in the Sinsan-ri, in the Sinsan-ri, in the direction of the Sin-ri, at the speed of about 90.9km, depending on two lanes towards the inside of the west.

It is the 80km section at the speed of restriction, and the road at the time was milched, so the person engaged in driving service has a duty of care to reduce the speed below the speed of 64 km at the speed of 80% of the maximum speed for the person engaged in driving service and to prevent the accident in advance by driving safely.

그럼에도 불구하고 피고인은 이를 게을리 한 채 시속 90.9km 의 속도로 진행한 과실로 피고인의 전방 2 차로에서 선행하던 피해자 D(55 세) 운전의 E 포터 화물차가 우측 가드레일을 들이받는 모습을 보고 1 차로로 진로를 변경하다가 위 가드레일 충돌로 인한 충격으로 1 차로로 튕겨 회전하던 위 포터 화물차 앞 범퍼 부분을 피고 인의 승합차 앞 범퍼 부분으로 들이받았다.

Ultimately, the Defendant caused the death of the foregoing D by occupational negligence at the scene of the cardiopulmonary closure. At the same time, the Defendant suffered injury to the victim F (27 years), G (36 years), H (27 years old), I (n), and I (28 years old) for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A comprehensive analysis of traffic accidents;

1. Protocol of inspection;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an occupational and an occupational physician), Article 3(1) and the proviso to Article 3(2)3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an occupational and an occupational position) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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