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(영문) 전주지방법원 군산지원 2017.12.01 2017고단1276
교통사고처리특례법위반(치사)
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

The defendant is a person who is engaged in driving a bus B.

On July 15, 2017, the Defendant driven the above bus at the first lane near the 2nd lane of the road adjacent to the shooting distance in the southwest-si, Yansan-si on July 15, 2017, and proceeded at an unsured speed in the direction of viewing from the view of the oil reservoir.

At the time, it was difficult for a person engaged in driving a motor vehicle to see the front light due to the beam of the headlight of the vehicle operated at night. In such cases, there was a duty of care to prevent accidents by safely driving a motor vehicle, such as reducing the speed and accurately operating the brake system by checking the front and right of the motor vehicle.

Nevertheless, the defendant neglected this and caused the victim C (the 76 years of age) who illegally crossed the road to the right side from the left side of the running direction of the marina defendant by negligence, and caused the victim to die from the external shock shock in the original ore university teaching school and the emergency room of the university hospital of the university on July 16, 2017, by taking the front part of the above bus, around 00:15, the victim died from the external shock.

Ultimately, the defendant caused the death of the victim by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual conditions;

1. On-site photographs;

1. Bluice stuffs images;

1. Application of Acts and subordinate statutes to photographs of carcasses;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor (including where there is negligence of crossing a victim without permission, Defendant’s primary crime, and agreement with the victim’s bereaved family members, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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