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(영문) 의정부지방법원 2015.01.27 2014고단3694
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 17, 2014, the Defendant driven a bus at DBS106 around 20:30, and led to the passing of the intersection of the shooting distance in front of the 76thm buildings located in the Pacific city at the Pacific city from the intersection to the intersection.

At the time, since it was at night, there was a duty of care to safely drive a motor vehicle by living well on the right and the right of the driver.

However, the Defendant neglected to perform the above duty of care and went beyond the front wheels part of the bus left side of the victim E (the 70-year old) who crosses the intersection from the left side of the bus moving back to the right side of the Defendant’s bus moving back to the upper side of the bus fronter of the Defendant, and went beyond the victim’s body.

On August 22, 2014, at the time of the above occupational negligence, the Defendant caused the death of the victim due to a multiple organ, such as a diversative organ, at the Gisung Hospital located in the 271st Government-si, Mali-ro around 01:18.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A death certificate, name of the deceased, photograph of the deceased, and protocol of autopsy;

1. The results of the reproduction and viewing of CCTV images for parking or stopping;

1. Application of Acts and subordinate statutes to photographs of traffic accident reports, on-site and vehicle photographs, on-site photographs, and CCTV images of parking or stopping;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(1) of the Act on Special Cases concerning the Selection of Fines, Article 268 of the Criminal Act [Selection of fines in consideration of the fact that the victim's negligence crossing the intersection without permission may have an impact on the occurrence of accidents and the expansion of damage, that the bereaved family does not want punishment for the defendant under mutual consent with the bereaved family members of the victim, that the defendant's vehicle is subscribed to mutual aid, that the defendant has no record of criminal punishment before the instant case, that the defendant has no record of criminal punishment

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

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