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(영문) 창원지방법원 마산지원 2013.06.04 2013고단119
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a driver of C urban bus.

On November 22, 2012, at around 09:05, the Defendant driven the above bus on the front side of the Busan metropolitan area, as in the 315 Bream-dong 315, Changwon-si, Changwon-si, Changwon-si, Seoul, and proceeded at a non-speed speed depending on one-lane between the two-lanes in the direction of the flag and the direction of the flag.

At that time, since the victim D (n, 70 years old) toward the port from the right side of the defendant's running direction crosses the road, the driver of the motor vehicle has a duty of care to reduce the speed, to properly look at the right side of the motor vehicle, and to safely check whether there is an obstacle, such as a person or a motor vehicle, and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and proceeded to the left-hand way from the first way to the right-hand left-hand side of the vehicle, and due to the negligence of the Defendant’s failure to go to the right-hand side of the vehicle, found the victim who was crossing the road to the left-hand side of the defendant’s moving to the right-hand side of the bus, and caused the victim to go beyond the road.

Ultimately, around November 22, 2012, around 17:52 on November 22, 2012, the Defendant caused the victim to die with the cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spa.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. On-site and accident-related photographs;

1. Application of Acts and subordinate statutes to a investigative report (referring to the statement of a shote and the confirmation of stibs);

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant has a depth of his mistake, and the victim is the victim.

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