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(영문) 수원지방법원 안양지원 2015.04.02 2014고단1911
교통사고처리특례법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 4, 2014, at around 20:08, the Defendant driven C Bus and proceeded at a speed of about 50km per hour with one lane near the crosswalk in front of the D Building in Ansan-gu, Manyang-si, and one lane near it.

At night, there was a crosswalk in which signal lights are installed at the front door, so there was a duty of care to safely drive a motor vehicle to check whether there is any person who gets on the front door or right door by reducing speed and checking the front door or right door well in order to prevent accidents.

Nevertheless, the defendant neglected this and proceeded without reducing speed, and found the victim E (n.e., the 53 years old) who dried the above crosswalk late, and immediately operated the above crosswalk, but did not avoid the situation, and caused the victim's body to go beyond the ground after receiving the victim's body from the fronter of the bus operated by the defendant, thereby causing the victim's death at the Sungnam University Sung Hospital of Korea University on November 14, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report on traffic accident (i.e., Do governor, and report on occurrence of traffic accident;

1. Bluices, video material display photographs, photographs of the scene of the accident, and photographs of the suspect's vehicle;

1. Analysis of the status of operation of suspect and vehicle;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order resulted in a serious result that the defendant's occupational negligence caused the death of the victim, the victim is the victim at the time when the crosswalk signal changes to the red signal in a pedestrian green.

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