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(영문) 광주지방법원 목포지원 2019.09.27 2019고단278
교통사고처리특례법위반(치사)
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 drives a CN bus owned by B.

On December 29, 2018, the Defendant driven the above bus on December 19:10, 2018, and proceeded straight lines in front of the “Ehigh school” in Yong-Namnam A, Yong-Namnam, with the view to the private distance range from the “Yaam Office of Education” to the private distance range from the “Yaam Office of Education.”

At all times, since the signal is a private-distance intersection where a signal is installed, there was a duty of care to reduce the speed to a person engaged in driving service, to live well on the front side and the right and the right, and to drive safely in accordance with the signals.

Nevertheless, the Defendant neglected this and got the victim to go beyond the road due to the occupational negligence of going through the intersection as in red signals, and caused the non-registered CITI flus in the operation of the victim G (age 30) entering the intersection from the left side of the road in the direction of the Defendant’s proceeding.

Ultimately, at around 20:28 on the same day, the Defendant caused the death of the victim due to the cage cage cages at the I Hospital located in Hepoposi H due to the foregoing occupational negligence and the low-weight shocks caused by waste damage.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, on-site evidence of a traffic accident, and a death diagnosis report;

1. Application of Acts and subordinate statutes to report internal investigation (verification of video records of the accident scene), investigation report (verification of signal systems at the accident site), signal cycle table;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of 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. In the sentencing of Article 334(1) of the Criminal Procedure Act, there was a serious consequence that the victim’s death was caused due to the Defendant’s negligence in violating signalling reasons.

However, the victim's negligence also caused the occurrence of the accident of this case, and the bereaved family members agree with the deceased's bereaved family members.

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