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(영문) 의정부지방법원 2020.11.12 2018고정1499
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On February 23, 2018, the Defendant was a person engaged in the operation of the Dandong bus B, and the Defendant was driving the above vehicle around 22:17 on February 23, 2018, which led to a speed of about 58 km from the Dondo of Sinsan-si to the Dondo of Sinsan-si, along the two-lanes of Sinsan-si.

The location is at the speed of 50km per hour, and in this case, there was a duty of care to prevent accidents in advance by driving safely such as complying with the speed limit to driving personnel and accurately operating steering devices and brakes.

Nevertheless, the defendant had a limited speed exceeding 8 km, and the head part of the victim E (ma, 44 years old) who was unclaimed to the right side from the left side of the progress direction due to the negligence of the defendant's own fault without giving a proper view of the front left side.

Ultimately, at around March 9, 2018, the Defendant caused the death of the victim due to brain training in the G Hospital located in the Yansan-gu Seoul Special Metropolitan City, Yan-gu, Yan-si, Yan-si, Seoul Special Metropolitan City due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Images recorded in the accident booms and video CDs (No. 11);

1. Written response for entrustment of appraisal (the Jeollabuk-do Branch of the Road Traffic Authority);

1. Inquiries and replies to fact-finding (the Jeollabuk-do Branch of the Road Traffic Authority);

1. An accident site photograph;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

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;

1. Judgment on the assertion of the defendant and defense counsel under Article 186(1) of the Criminal Procedure Act that bear litigation costs

1. The summary of the assertion is recognized that the defendant had shocked the victim who was walking, but the defendant did not have any breach of duty of care in the course of duty, and the defendant was overspeed and accident.

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