beta
(영문) 광주지방법원 순천지원 2020.02.07 2019고단1888

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 10 million.

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 the city bus B.

On May 15, 2019, the Defendant driven the above bus at around 14:15, and driven the road near E store D in light of the lightyang-Eup along the two-lane distance from the F apartment to the lightyang-Eup.

At the same time, a crosswalk is installed at a speed of 50km per hour. Since a bicycle is being driven by the victim G(11) on the side right side of the bus that the defendant is driving at that time, there was a duty of care to reduce the speed to the person engaged in the driving of the motor vehicle and to accurately operate the steering direction and brake system and prevent accidents in advance.

Nevertheless, by negligence, the Defendant neglected this, received the victim's bicycle left side and the victim's body's body on the right side of the bus driving from the right side of the running direction by driving the bicycle down to hand and driving the bicycle on the left side of the bicycle.

Ultimately, at around 20:35 on the same day, the Defendant caused the victim’s death by the foregoing occupational negligence at the Jeonnam University Hospital located in the 42-ro, Dong-gu, Gwangju Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Accident video CDs;

1. Application of evidence, photographs, G body photographs and Acts and subordinate statutes on the scene of a traffic accident;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The circumstances that are favorable to the fact that the result of the death of the victim was occurred by the defendant's negligence are considered to be against his mistake.