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(영문) 의정부지방법원 2015.04.21 2015고단169
교통사고처리특례법위반
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 a Grand bus in the Republic of Korea.

On June 2018, 2014, the Defendant driven the above vans around 20:05, and led to the two-lanes of two-lanes around the entrance of a mechanical shooting range located in the luminous 349-4, the two-lanes from the right side to the port side.

At the time, since the night and the front door of the night, there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as reducing speed to those engaged in driving service, and accurately manipulating the steering and brakes devices.

Nevertheless, the Defendant neglected to stop driving on the road on the left side of the Defendant, and discovered a bicycle driven by the victim C (the 62-year-old) who was crossing the above road to the right side of the Defendant, and operated it late, but did not avoid it, and received the back wheel part of the bicycle to the right side of the Defendant’s knife.

Ultimately, the Defendant, by such occupational negligence, killed the victim on August 27, 2014, on the ground of brain death caused by cerebral blood in the government-oriented hospital of the Katol University located in 271 in the Materno-ro 271.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act (In spite of the result of the instant crime, only the victim and his/her bereaved family members agreed to do so, and the comprehensive motor vehicle insurance was purchased, and the victim was also negligent in causing traffic accidents, and the victim shall be punished by a fine in consideration of the background of the instant

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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