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(영문) 서울중앙지방법원 2015.02.13 2014고단8891
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 buses C.

On July 10, 2014, the Defendant driven the above bus on July 11:5, 2014, and made the intersection of the private distance in front of the entrance in the subway station 6th subway station to the left-hand turn from the eurg of Dongjak-gu Office.

In this case, there was a duty of care to safely drive the steering gear and brakes by reducing speed and properly manipulating the steering gear of the motor vehicle.

Nevertheless, immediately after the Defendant left the right at the above intersection, the Defendant got the victim into the front part of the bus driving by driving the road on the right side and got the victim over the floor due to the negligence of driving the road without properly examining the front side of the road.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence, which was being treated by Borain Hospital located in the New-dong, Dongjak-gu Seoul Metropolitan Government on July 12, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident report;

1. A death certificate;

1. Application of the Acts and subordinate statutes concerning photographs and accident video CDs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

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

1. In light of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant accident for the provisional payment order resulted in the serious result of the victim’s death, the liability for the crime is not less than that of the victim, but also, there are considerable errors that are crossing the victim without permission, joining the Financial Cooperative, agreed with the victim’s bereaved family members, the primary offender, and other records recorded in the records.

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