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(영문) 대전지방법원 천안지원 2019.05.16 2019고단206
교통사고처리특례법위반(치사)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person engaging in high-speed bus driving service B.

On November 14, 2018, around 03:55, the Defendant came to turn to the left at a speed of about 10 km/h, depending on the two-lanes of D in front of Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul, Seoul, at the speed of about 10 km/h, depending on one lane towards the narrow intersection.

There are three-distance crossings where signal lights are not installed, so in such cases, there was a duty of care to stop temporarily before making a left-hand turn to a person engaged in driving service and see the right-hand turn and accurately manipulate the steering gear and brakes so as to prevent traffic accidents.

Nevertheless, the defendant, by negligence of neglecting Jeonju-si, found late the GTS 125CC 125CC lebane driven by the victim F (the age of 17) who was directly driven by the defendant's left-hand side of the running direction of the defendant, and had the front wheel part of the bus as the front lebane.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence by reason of cerebral blood transfusion in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the report on the occurrence of traffic accidents (including photographs);

1. Application of Acts and subordinate statutes, such as a visual photo and body autopsy report;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, and Article 268 of the Criminal Act.

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to recognize and reflect in depth the defendant's mistake, to be admitted to the first offense, to the mutual aid association, to which the victim's bereaved family members agree, and the accident in this case occurred at a new wall without street, etc., and the victim's negligence of driving a vegetotobb that has not worn a safety cap without a driver's license seems to have contributed to a certain degree of the occurrence of the serious result of death.

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