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(영문) 전주지방법원 군산지원 2014.05.15 2014고단31
교통사고처리특례법위반
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

The defendant is a person who is engaged in driving of Cnib buses.

On January 14, 2013, at around 09:25, the Defendant driven the above bus parked in the parking lot inside the urban bus terminal located in the Gyeongnam-si, Masan-si, Masan-si, and led the Defendant to turn to the left at a speed of about 10km per hour at the waiting place.

It is a place where bus drivers, passengers, etc. are likely to move on the Do road within the parking lot. In such a case, there was a duty of care to reduce speed to those engaged in driving duties and to prevent accidents by driving on the Do road well.

Nevertheless, the defendant neglected to turn to the left without neglecting it and found the victim D (55 years old) who passed the above bus late later, and caused the victim to go beyond the floor by taking the front part of the victim's bridge in front of the left part of the bus.

Ultimately, around November 17, 2013, the Defendant caused the death of the victim due to such occupational negligence at the F Hospital located in the Yansi-gu, Yansi-si, Yandong-si, Yandong-si, with the cardiopulmonary cerebral Ma due to the cardiopulmonary Ma.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a death certificate, reply letter, traffic accident report, field photograph, and medical 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that the defendant's death of a pedestrian victim who violated his/her duty of care in a bus terminal parking lot is serious in negligence and damage, but his/her bereaved family requests the preference of the defendant. If the defendant has been employed as a driver and is sentenced to a suspended sentence of imprisonment without labor, the company's work is difficult.

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