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(영문) 인천지방법원 2016.06.15 2016고단1802
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 a bus B.

On November 26, 2015, the Defendant driven the above bus around 18:10 on November 26, 2015, and driven the road of the Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Seo-gu, with about 10 km away from D department store.

Since there is an intersection where signal apparatus is installed in the front bank, in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a vehicle passing through the intersection by checking well the right and the right of the road, and to prevent the accident in advance by driving safely in accordance with the traffic signals.

Nevertheless, the Defendant neglected to do so and did not look at the front and left and left, and even if the electric signal apparatus was red, the front wheel part of the victim E(34) driving a two-wheeled vehicle that was driven in violation of the signal from the tri-distance gate at the entrance of the rate, which was due to a sudden negligence, was taken into account as the front wheel part of the driver's two-wheeled vehicle of the victim E(34 ) driving.

Ultimately, around November 27, 2015, around 04:00 on November 27, 2015, the Defendant caused the death of the victim from cerebral blood at H hospitals located in Seo-gu Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the actual traffic accident investigation report and the results of the traffic accident analysis;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a death certificate;

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

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

1. Although the occurrence of the instant traffic accident led to the serious result of the victim’s death for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the occurrence of the instant traffic accident conflicts with the victim who violated the signal that has been replaced by the signal that was sent.

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