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(영문) 서울서부지방법원 2016.04.26 2016고단306
교통사고처리특례법위반
Text

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

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 a chartered bus.

On January 19, 2016, around 05:58, the Defendant proceeded at a speed of about 63 km from the 3-lane of the F cafeteria located in Eunpyeong-gu Seoul Metropolitan Government E to the 63 km away from the 3-lane off of the gambro-distance.

At the time of the new wall time, it is night to the right side of the road, a bus stop is installed on the right side of the road and a crosswalk is installed on the front side, so in such case, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person driving the motor vehicle to reduce speed and to see well, and to prevent the accident in advance, such as safe driving.

Nevertheless, the Defendant neglected this and found the victim G (W, 59 years old) who cross to the port right side of the Defendant’s course without permission from the Defendant’s fault, and received the victim’s head part in front of the right side of the bus and the front glass.

Ultimately, the Defendant caused the victim’s death by occupational negligence immediately after the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a traffic accident occurrence report, and a traffic accident report;

1. A criminal investigation report and CCTV photograph-fags;

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

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 of Article 334(1) of the Criminal Procedure Act, which led to a serious result from the Defendant’s occupational negligence in sentencing, which led to the death of the victim. However, in the situation where the accident occurred at the time of the accident, it appears that the victim, who was crossingd without permission as a pedestrian red name and entered the bus center, appears to have considerable responsibility for the occurrence of the instant accident.

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