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(영문) 서울동부지방법원 2017.04.20 2017고단88
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 express buses D.

On October 25, 2016, the Defendant driven an express bus around 10:11, and proceeded with the roads in front of the Vice Chief of the Seoul Terminal in Gwangjin-gu Seoul Special Metropolitan City, which are located on the river route of Gwangjin-gu, Seoul Special Metropolitan City.

Since a number of passengers using an express bus walk, there were duty of care to check whether a person engaged in driving service of an express bus is walking around the express bus by reducing the speed and by properly examining the right and the right of the bus, and to safely drive the bus.

Nevertheless, the defendant neglected this and led the victim E (70) who was walking on the left side of the express bus operated by the defendant due to the negligence of the defendant.

Ultimately, around October 25, 2016, at around 10:20 on October 25, 2016, the Defendant caused the death of the victim due to damage to the scarcity scarcity.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (act causing an accident);

1. Application of Acts and subordinate statutes to autopsy records and autopsy records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act resulted in the death of the victim due to the traffic accident in this case. However, in addition to the vehicle of the defendant driving, the defendant has made efforts to recover damage by paying a reasonable amount to his bereaved family members in addition to the comprehensive insurance coverage, and making efforts to recover damage, such as the defendant has no same criminal record, and the defendant has not committed any criminal record in depth, and the result of the criminal trial in this case has an impact on the defendant's occupation and status.

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