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(영문) 서울중앙지방법원 2017.03.29 2016고정4385
교통사고처리특례법위반(치사)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person running a city bus B.

On October 08, 2016, the Defendant driven a bus at a speed of about 00:02, and proceeded at a speed of about 43 kilometers in the front of the Road Traffic Authority at a speed of about 43 kilometers per hour, along the two-lane distance from the historical distance of the new road, which is located at the 422-2 exit route in Jung-gu, Seoul.

At the time, since the night and the need to reduce the rate is left at night, there was a duty of care to safely drive the driver of the motor vehicle by reducing the speed and properly operating the steering and steering system.

Nevertheless, the defendant did not find out the victim C ( South, 50 years old) who has crossed the vehicle without permission from the right side of the bus of the defendant on the right side of the bus by changing the lane rapidly to three lanes without reducing the speed while stopping the vehicle at a speed, and the defendant did not find the victim C ( South, 50 years old) who has driven the vehicle without permission from the right side of the bus of the defendant on the right side of the bus.

Ultimately, around October 18, 2016, the Defendant caused the victim to die by occupational negligence at the Hanyang University Hospital located in 222-1, Seongdong-gu, Seongdong-gu, Seoul, to die with pressure and training for brain pressure during transmission and treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report, a fact-finding survey report, a scene of the accident, a vehicle photograph, a statement of the occurrence of the traffic accident, a list of the occurrence of the traffic accident, a photographic images and photographs, field photographs, crime prevention CCTV (luminous - 327) visual images, CDs and caps, and photographs and investigation reports (attached to other co-record records of the vehicle of the current year);

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

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 (2) of the Criminal Act to attract a workhouse.

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