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(영문) 창원지방법원 마산지원 2016.03.30 2016고단105
교통사고처리특례법위반
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 has been engaged in the operation of urban buses No. C70.

On November 21, 2015, the Defendant driven a bus at around 07:25, while making a left-hand turn at the parking lot of the vibration bus exchange center located in 611, as the vibration of Changwon-si, Changwon-si, the Defendant was driving the bus at around 07:25.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by properly manipulating the steering gear and operating the steering gear and brake system.

However, the defendant did not discover the victim D who walked the front of the bus from the right side to the left side due to negligence of neglecting the front side of the bus, and went beyond the front part of the bus's driver's seat, and served the victim's first half of the front side with the front side of the bus's driver's seat, and served the victim's second half of the body and head with the rear wheels of the right side.

The Defendant caused the death of the victimized person due to the above occupational negligence due to the prolonged damage, etc. at the site.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on internal investigation (C Busbling image analysis) and a black stuff image attached thereto;

1. The location, etc. of parking lot attached to a report on internal investigation (the analysis of image of the E bus booms) and attached thereto;

1. Application of Acts and subordinate statutes to the body death certificate for D;

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

1. Selection of an alternative fine to be imposed (the fact that his mistake is recognized and reflected, the fact that the victim has agreed with his bereaved family members, the situation of the occurrence of the instant traffic accident, etc.);

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

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