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(영문) 창원지방법원 진주지원 2017.11.01 2017고단716
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

On June 26, 2017, the Defendant was a person engaging in C bus driving, and was in the direct direction from the side of the Jinju to the bus terminal at the front of the E-line intersection located in D, Jinnam-si, Jinnam-si on June 26, 201.

At the time, it was difficult at night, and there was a duty of care to drive a motor vehicle safely by making it possible for a person engaged in driving a motor vehicle to take the front side and left side, properly operating the steering and steering system.

Nevertheless, the Defendant neglected this and found the Victim F (70) who was under the influence of alcohol on the road due to negligence, and served the Victim with the Defendant’s bus.

Ultimately, the Defendant caused the victim’s death by negligence in the course of performing the above duties by using a low-blood shock, etc. at the Gyeong University Hospital, which was receiving treatment after around 01:57, on June 27, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. A photograph of a CCTV image to be cut;

1. A death certificate;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes on police statements made to G, H and I;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a selective fine (including the fact that the injured party has been negligent in the occurrence of the instant accident, the motor vehicle of the accused is covered by the comprehensive motor vehicle insurance, and the bereaved family members and delivery reached an agreement smoothly because it is run on the roadway of the road divided by both the roadway and India at night);

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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