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(영문) 대구지방법원 의성지원 2017.04.27 2017고단61
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 37-person bus B.

On February 9, 2017, the Defendant driven a bus on or around 14:06 on February 14, 2017, and led to the left-hand turn to the right-hand turn at the right-hand distance from the location of the bus terminal in front of the three-lane-Eup, Seongbuk-gu, Seongbuk-gu.

In such cases, a person engaged in driving duty has a duty of care to prevent accidents and safely drive the steering gear and brakes by accurately operating the steering gear and brakes.

Nevertheless, the defendant neglected this and did not discover the victim C (87 tax) who was crossing the crosswalk from the right side of the defendant's running direction to the left side, caused the victim to go beyond the road due to the front part of the above car operated by the defendant, and caused the victim to go beyond the road, and the victim was over by the above bus.

Ultimately, the Defendant caused the death of the victim due to the pulmonary damage from the E hospital located in Ansan-si D on February 9, 2017 due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Application of Acts and subordinate statutes to death certificates;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in the occurrence of a traffic accident due to the fault of the defendant due to the reason for sentencing, and the death of the victim, and the defendant has been punished twice due to a traffic-related crime, etc., which is disadvantageous to the defendant, or the defendant was shocked by the victim who was staying at the crosswalk while the defendant was making a turn to the left in accordance with normal good faith and good faith, and some of the circumstances of the accident can be considered.

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