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(영문) 서울서부지방법원 2017.01.05 2016고단3435
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of F bus vehicles.

On May 3, 2016, at around 05:21, the Defendant proceeded with three lanes in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, at an independent intersection, at a speed of one-lane (lane for bus exclusive) from the intersection of Seodaemun-gu to the intersection of Seodaemun-gu, Seoul.

At the time of night and under the situation of rain, there was a duty of care to prevent accidents in advance, such as a person engaged in driving of a motor vehicle, and a person who is engaged in driving of a motor vehicle, by properly operating the steering gear and brake system of the motor vehicle, and driving the motor vehicle safely.

Nevertheless, the Defendant neglected to perform the duty of her previous state of view and neglected to pass the road to the left-hand side of the back-hand side of the victim H(81 3) who was going to cross the road to the left-hand side of the back-hand side of the driver's vehicle.

Ultimately, the Defendant caused the victim’s death during treatment in a hospital due to such occupational negligence as the brain flasing of the Plaintiff.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on internal investigation (related to booms and video materials);

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

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. The criminal liability of the defendant is heavy in the case where the result of the death of the victim was caused by the negligence of the defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment.

However, there is gross negligence that the defendant recognized his mistake and reflects, that there was a serious negligence on the first lane of bus-only lane for the victim to cross without permission on the new wall, and the vehicle involved in the accident is covered by the comprehensive motor vehicle insurance.

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