(영문) 서울서부지방법원 2018.08.23 2018고단1667

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(영문) 서울서부지방법원 2018.08.23 2018고단1667

교통사고처리특례법위반(치사)

Text

Defendants shall be punished by a fine of seven million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bus of C's bus.

On February 4, 2018, around 09:00, the Defendant driven the above vehicle on the front of the building for the teaching life in front of the school building located in Mapo-gu Seoul, Mapo-gu, Seoul, and proceeded along one lane between the 4-lane and the 4-lane from the lower distance off the new village to the I active duty area.

At the time, the bus stops are installed at the center of the road, and the defendant showed that at the time the damaged person was placed in front of the crosswalk in the bus stops, the driver had a duty of care to check and drive the safety of the person engaged in driving service at sufficient intervals by reducing speed and considering the attitude of the bus stops.

Nevertheless, the defendant neglected this and caused the victim to go beyond the floor by taking the head and body part of the victim D (the age of 85) who was unclaimed from the right side of the vehicle of the defendant who driven without permission from the left side of the vehicle of the defendant who driven it as it is.

Ultimately, the Defendant caused the death of the victim in his job by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to dead bodies;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The sentencing of Article 334 (1) of the Criminal Procedure Act on the ground of sentencing of provisional payment order shall be determined as ordered in consideration of all the circumstances, including the fact that the passenger is insured by the bus mutual aid association, the fact that the victim's bereaved family members have agreed with the victim, the fact that the victim without permission seems to have been negligent in the occurrence of the accident, and the fact that the victim without permission seems to have been negligent in the occurrence of the

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