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(영문) 서울서부지방법원 2015.01.29 2014고단2879
교통사고처리특례법위반
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bus No. C721.

On September 1, 2014, the Defendant driven the above bus around 08:08, and proceeded at a speed of about 70km from the 3-lane of the East-dong, Mapo-gu, Seoul to the 49-25 lanes in front of the 4-lane of the crosswalk, Mapo-gu, Seoul.

In such cases, a person engaged in driving duty has a duty of care to accurately operate the steering direction and brake system and observe the speed limit of 60km per hour and prevent accidents from occurring.

Nevertheless, the defendant neglected this and proceeds as it is.

A victim D (the age of 82) who illegally crosses a crosswalk from the right side of the proceeding to the left side of the bus was received as the front part of the bus.

Ultimately, the defendant's occupational negligence caused the death of the victim due to cerebrovascular in around 08:17 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Blue vehicle black boxes and CDs;

1. Application of Acts and subordinate statutes concerning autopsys;

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

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

1. When there occurs a serious result that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the death of the victim, that there was a negligence of crossing the victim without permission between the vehicles located in a four-lane road, the defendant has no criminal record other than the punishment of a fine not exceeding 300,000 won due to the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents before 20 years, the defendant agreed with the victim's bereaved family members, the fact that the bus mutual aid is subscribed, the depth reflects, and other various sentencing conditions shown in the argument of the case.

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