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(영문) 창원지방법원 진주지원 2016.06.08 2016고단280
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 a Grand bus in Grandland.

On December 12, 2015, at around 09:15, the Defendant driven the above van, and led to the first apartment road in front of the apartment complex in Jin-si, Jin-si, which is located in Jin-si, along the Jin-si, along the one-lanes of the three-lanes of the square from Jin-si to 10.

At this point, there was a duty of care to prevent accidents by thoroughly driving on the front side and lowering speed to the driver of the motor vehicle, as it was in the course of crossing the road of the passenger C(69). In this case, there was a duty of care to prevent accidents by thoroughly driving on the front side.

Nevertheless, the Defendant neglected the duty of the front line and did not discover the victim immediately before the accident and was negligent in proceeding without finding the victim before the accident, and received the victim who crossed the road from the right side of the defendant's direction to the left side of the road as the front part of the above line line.

Ultimately, the Defendant caused the death of the victim by occupational negligence in the emergency room of a university hospital in Jinju-si, Jinju-si, Jinju-si, 79 on the same day due to the death of the victim due to damage to the external wound.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes governing accidents;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

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

1. Although the Sentencing of Article 334(1) of the Criminal Procedure Act leads to the serious consequence that the victim’s death was caused due to the Defendant’s breach of duty of care due to the reason for sentencing, the criminal liability is less than that of the crime. However, the Defendant’s violation of his criminal act, and the victim’s fault regarding the occurrence of the instant accident by crossing the three-lanes without permission.

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