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(영문) 부산지방법원 2015.04.29 2014고단7388
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

Criminal facts

The defendant is a person who is engaged in driving of urban buses No. 54.

On February 19, 2014, the Defendant driven a bus on or around 13:55 on February 19, 2014, and stopped on three-lanes in front of the bus stops located in the Busan Jin-gu, Busan, but became to get off and get off the bus passengers again.

In such cases, a person engaged in driving service has a duty of care not to change course when it is likely to impede the normal passage of other vehicles running in the direction of changing the course of the vehicle.

Nevertheless, the Defendant neglected this and went into a two-lane, without any sufficient distance in order to enter the three-lanes from the two-lanes, and started fast by plucking, plucking in the direction of the above bus in the direction of the two-lanes, and went through two-lanes from the left side of the above bus through a slurbr, and, even though the victim E (the age of 67) observed a 110cc merto, the Defendant got off the center and passed over the right side of the above victim, due to the negligence driven in the direction of the large angle, and caused the victim to face the part of the victim's head on the rear side of the above bus.

Ultimately, the Defendant caused the death of the victim due to the damage to the diversity of head, trees, and breast at the scene of his occupational negligence around that time.

Summary of Evidence

1. Statements made by witnesses G in the second trial records;

1. The prosecutor's statement concerning G;

1. Each police statement made to H and I;

1. A statement of the occurrence of H’s traffic accident;

1. Sable (Dable images);

1. Application of Acts and subordinate statutes governing requests for appraisal, such as a traffic accident report, report on the occurrence of a traffic accident, body autopsy report, photograph, autopsy record, accident-related photographs, field-related photographs, comprehensive traffic accident analysis report, and comprehensive traffic accident analysis report;

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

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