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(영문) 대구지방법원 경주지원 2018.03.29 2018고단9
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 the operation of urban buses C.

On November 24, 2017, the Defendant driven the above bus on around 07:12, 2017, while driving the bus, and driving a one-lane road in front of the E stopping place D on the racing side from the racing side, and starting from the same side again after stopping at the above stopping place. As such, the Defendant was obliged to pay a duty of care to prevent traffic accidents by properly operating the front and left and operating the bus, and by properly operating the brake and steering gear.

Nevertheless, the Defendant neglected this and got the victim to go beyond the above road on the right side of the victim F (F, 74 years old) who crossed the above road from the left side of the bus driving direction to the right side of the above bus due to negligence.

After all, the Defendant caused the victim to die at an emergency room of the Dong University race Hospital, which is located in the Dong-dong, Young-si on November 24, 2017, around 08:19 on November 24, 2017 due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. A traffic accident report (1) (1) (1)

1. Motor vehicle accident report (2) (actual survey report);

1. Application of Acts and subordinate statutes of death certificate (F);

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the sentencing of the instant crime led to the occurrence of a heavy result leading to the death of the victim, and the responsibility of the Defendant is unknown, but the vehicle driven by the Defendant is subscribed to the mutual aid association of the Federation of Korea Bus Transport Business Associations. The Defendant agreed that the victim’s bereaved family members and the victim’s bereaved family members want not to be punished, and the victim’s unauthorized crossing is also the victim.

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